P&H HC Sets Aside Cheque-Bounce Accused’s Proclaimed-Person Order: Notice Wasn’t Publicly Read Or Issued For The Declaration Date

The petitioner was summoned to face a complaint under Section 138 of the Negotiable Instruments Act, 1881.

After warrants were returned unexecuted, the trial court initiated proclamation proceedings.

A proclamation required him to appear on 3 October 2024; the serving official reported affixing copies at the petitioner’s house, a bus stand and the court notice board.

On 5 December 2024, the trial court declared him a proclaimed person, although no proclamation had been issued for that date.

The petitioner sought to set aside that order under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Section 82 of the Code of Criminal Procedure, 1973 (Cr.P.C.), corresponding to Section 84 of the BNSS, governs proclamations requiring an absconding or concealing person to appear.

The court must have a basis to conclude that the person is absconding or concealing himself, and the proclamation must provide the statutory period of at least 30 clear days for appearance.

Section 82(2)(i)(a) Cr.P.C., corresponding to Section 84(2)(a) BNSS, requires public reading of the proclamation at a conspicuous place in the town or village where the person ordinarily resides.

Non-compliance with these mandatory safeguards vitiates the proclamation proceedings.

The court relied on Ajay Kumar v. State of U.T. Chandigarh and Narender Kumar v. State of Haryana regarding the 30-day requirement, and Rahul Dureja v. State of Punjab, Harvinder Singh v. State of Haryana, Mahender Kumar v. HDFC Ltd., Ramandeep Singh Sangha v. State of Punjab and Sukhjinder Singh v. State of Punjab regarding the mandatory nature of public reading.

The court found that the warrant reports did not explain why service had failed or establish that the petitioner was residing at the stated address, while the trial court gave no cogent reasons for concluding that he was evading process.

Further, the proclamation fixed appearance for 3 October 2024, but the petitioner was declared a proclaimed person on 5 December 2024 without a fresh proclamation for that date.

The court also found that the serving official’s report described affixation only and did not establish that the proclamation had been publicly read in a conspicuous place in the relevant village or town.

These deficiencies breached the statutory safeguards and invalidated the declaration.

The petitioner was directed to surrender before the trial court within 30 days; upon surrender, the trial court was directed to admit him to bail and proceed with the trial in accordance with law.