Criminal Procedure Code, 1973
Sections 82 & 83—Proclamation and attachment—Before issuing proclamation under Sections 82/83 CrPC by any subordinate court, at least, satisfaction must be indicated in an order to the effect that despite the service of notice, summon, bailable warrant and non-bailable warrant the person concerned has deliberately avoided the proceedings—Any order of proclamation under Sections 82/83 CrPC must be passed on an application of a person concerned/Investigating Officer etc. to the effect that after service of notice, summon, bailable warrant and non-bailable warrant upon the person concerned, he/she is avoiding the proceedings so a proclamation may be issued and on such application, which must be supported with an affidavit, the court concerned may issue proclamation under Sections 82/83 CrPC indicating the subjective satisfaction on the such aspect in the order itself—If any order issuing proclamation under Sections 82/83 CrPC lacks the such procedure, the such order would be nullity in the eyes of law.
[Para 9]
Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Petition to quash summoning order and proclamation order on ground that complaint has been filed in violation of Section 138(c) of the NI Act and notice has been issued on wrong address of the petitioner—Any complaint under Section 138 of the NI Act should have been filed strictly in accordance with the mechanism so given under Section 138 of the Act—Compulsory statutory period has not been taken care of by the complainant itself nor by the Court—If the petitioner appears/surrender before the court, all coercive steps including impugned summoning order and proclamation order shall be kept in abeyance and liberty would be given to petitioner to participate in the proceedings.
[Para 11]