Authority: High Court of Punjab & Haryana at Chandigarh
Order Date: 10 July 2026
Case Overview
- Parties: Petitioner – Manik Dogra, proprietor of Dogra Pharmaceuticals Company, Jagadhari, Yamuna Nagar; Respondents – State of Haryana & Anr.
- Case Number: CRM‑M‑36862‑2026.
- Nature of Proceeding: Criminal petition challenging a proclamation order issued under Section 82 of the Code of Criminal Procedure, 1973, in a complaint filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881.
- Background: The petitioner obtained a cash‑credit limit of Rs 4 lakh and a GECL term‑loan of Rs 60,000 as proprietor of Dogra Pharmaceuticals. He issued cheque No. 000021 dated 15‑04‑2021 drawn on Punjab and Sind Bank, Yamuna Nagar for Rs 4,89,606, which was dishonoured. A complaint was filed in 2021. After pre‑summoning evidence, the petitioner was ordered to be summoned but remained unserved. He was later served by publication, failed to appear, and the magistrate issued a proclamation on 12‑03‑2026, declaring him a proclaimed person on 08‑05‑2026.
- Petitioner's Argument: The address used for proclamation was not his residential address; therefore, the proclamation under Section 82 was illegal.
- Court's Reasoning: The Court examined Section 82, noted that the petitioner’s address in the complaint corresponded to his business premises, and that no residential address was on record. The petitioner had vacated the shop and did not disclose a new address. The publication on 13‑01‑2026 was duly executed. Hence, the proclamation was valid. The Court found no abuse of process and held that inherent jurisdiction should be exercised sparingly.
Final Outcome
- The petition is dismissed in its entirety.
- No ground exists for exercising inherent jurisdiction.
- All pending applications, if any, are disposed of.
Topics: Legal Proceedings, Cheque Bounce, Criminal Procedure