Rajiv Sharma Vs. State

Rajiv Sharma vs State

Type Court Judgment Court Delhi Decided Mar 27, 2003

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Citation: sooperkanoon.com/691661
Court: Delhi High Court
Judge: R.C. Chopra, J.
Decided On: Mar 27, 2003
Case Number: Criminal Misc. (M) No. 1274 of 2003 and Criminal Misc. 1629 and 1230 of 2003
Subject: Commercial

Case Summary

AI-generated summary - not the official court judgment text.

Negotiable Instruments Act, 1881 - Section 138--Dishonour of cheque--Proclaimed offender--Grievance of the petitioner is that he has been declared proclaimed offender in a complaint under Section 138 of the Act in spite of the fact that his whereabouts were known to the complainant--It is directed the petitioner to ...

Key legal issue: Commercial
Acts & sections: Negotiable Instruments Act, 1881 - Sections 138

Parties & Advocates

Appellant / Petitioner

Rajiv Sharma

Advocate Rakesh Kakkar, Adv

Respondent

State

Legal References

Acts: Negotiable Instruments Act, 1881 - Sections 138
Reported In: 2003(68)DRJ78

Excerpt

negotiable instruments act, 1881 - section 138--dishonour of cheque--proclaimed offender--grievance of the petitioner is that he has been declared proclaimed offender in a complaint under section 138 of the act in spite of the fact that his whereabouts were known to the complainant--it is directed the petitioner to appear before trial court and explain the circumstances under which he was not in a position to appear before court and declared proclaimed offender. - r.c. chopra, j.crl. m. (m) no. 1274 of 2003 1. the grievance of the petitioner is that he has been declared proclaimed offender in a complaint filed under section 138 of the negotiable instruments act in spite of the fact that his whereabouts were known to the complainant and he being a government servant, his whereabouts could be easily ascertained by the complainant for getting him served. 2. let the petitioner appear before the trial court and explain the circumstances under which he was not in a position to appear before the court and was declared a proclaimed offender. considering the nature of offence, the trial court is expected to take an indulgent view in the matter and see that no injustice is done to the petitioner. let the petitioners appear before the trial court. 3. no further directions are required to be issued. the petition stands disposed of. crl m. no. 1629 of 2003 dismissed as infructuous. copy dusty.

Full Judgment

R.C. Chopra, J.

Crl. M. (M) No. 1274 of 2003

1. The grievance of the petitioner is that he has been declared proclaimed offender in a Complaint filed under Section 138 of the Negotiable Instruments Act In spite of the fact that his whereabouts were known to the complainant and he being a Government servant, his whereabouts could be easily ascertained by the complainant for getting him served.

2. Let the petitioner appear before the Trial Court and explain the circumstances under which he was not in a position to appear before the Court and was declared a proclaimed offender. Considering the nature of offence, the Trial Court is expected to take an indulgent view in the matter and see that no injustice is done to the petitioner. Let the petitioners appear before the Trial Court.

3. No further directions are required to be issued. The petition stands disposed of.

Crl M. No. 1629 of 2003

Dismissed as infructuous.

Copy dusty.

Same Court & Year Delhi · 2003 Same Parties Rajiv Sharma vs State Same Subject Commercial Same Judge R.C. Chopra, J. Acts & Sections Negotiable Instruments Act, 1881 - Sections 138

Commercial