RAHUL GAGERNA vs UT OF CHANDIGARH AND ANOTHER

CRM-M-28840-2026 1 124 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28840-2026 Date of decision :26.05.2026 Rahul Gagerna .....Petitioner versus U.T. of Chandigarh and another .....Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present :- Mr. Ajay Pal Singh, Advocate for the petitioner. Mr. Sumit Jain, A.P.P., U.T. Chandigarh. **** RAJESH BHARDWAJ, J. (Oral) 1. Prayer in the present petition is for quashing of impugned order dated 07.04.2025 (Annexure P-8) in Complaint case No.NACT- 5395-2023, vide which the petitioner was delcared as a proclaimed offender under Section 138 of Negotiable Instruments Act. 2. It has been submitted by learned counsel for the petitioner that the petitioner has been falsely prosecuted in the impugned complaint under Section 138 of the Negotiable Instruments Act. He submits that without complying with the provisions as envisaged under Section 82 Cr.P.C. proclamation proceedings were initiated against the petitioner and ultimately, he was declared as a proclaimed person vide impugned order dated 07.04.2025 (Annexure P-8). He further submits that petitioner was neither served with any ordinary service nor with any substituted servic