ASHU KOHLI vs STATE OF PUNJAB AND ANOTHER

146 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26880-2026 (O&M) Date of decision: 13.05.2026 ASHU KOHLI ...PETITIONER V/S STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Vipin Mahajan, Senior Advocate with Ms. Tejinder Kaur, Advocate for the petitioner. **** SUBHAS MEHLA, J. (ORAL) 1. Present petition has been filed by the petitioner under Section 528 of BNSS, 2023 for quashing of impugned order dated 08.12.2025 (Annexure P-5) passed by learned Judicial Magistrate Ist Class, Gurdaspur in criminal complaint bearing NACT-414/2025 dated 23.06.2025 (Annexure P-1) titled as ‘Ashok Kumar Vs. Ashu Kohli’ whereby the petitioner has been declared as proclaimed person without complying with the provisions of Section 82 of Cr.P.C. 2. Learned counsel for the petitioner contended that the present complaint is between the petitioner-daughter and the complainant-father under Section 138 of Negotiable Instruments Act (for short ‘the NI Act’); the provisions of Section 82 of Cr.P.C. have not been adhered to by the trial Court while declaring the petitioner as proclaimed person; that the petitioner is willing to join the proceedings an