COURT DECLARED A MOHALI BASED DIAMOND MERCHANT PROCLAIMED OFFENDER.
Proclaimed Offender (P.O) is not a word, as it is a process that lays down under section 82 of the Criminal Procedure Code Act,1974 under which court declare a person as broadcasted wrongdoer who is absconding all the warrants of the court of law and directs the concerned police officials to arrest the person named in the proceeding and produce him before the court. He/She is named as PO under the watchful eye of the court and also details of the proclaimed offender are published in the newspapers declaring him/her to be a proclaimed offender. Further Arrest of Proclaimed Offender (PO) can be done under provisions of CrPC.
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As recently Additional District and Session Judge, Ms Gagan Geet Kaur declared Proclaimed Offender to Vikas Walia, a Mohali based diamond merchant in two Cheque Bounce cases worth over Rs. 4 crore.
Let’s see the facts of the case _:
As per complainant Mr. Ashok Mittal, accused contacted him in 2014 and convinced him to invest in diamond business as there was a huge profit in the diamond business.
Then complainant invested 12.25 crore in the business and within 8 to 9 months accused paid him Rs. 3.25 crore profit.
Complainant said Walia (accused) told him to establish a shop at Elante Mall of diamond and jewellery. Then complainant invested Rs.22 crore as his share and partnership deed was executed between the accused and the complainant.
Vikas Walia brought diamonds not more than worth Rs.3 to 4 crore, which went against their agreement.
In February 2014, they both decided to dissolve the partnership between them. On time of dissolution Walia agreed to retain the mall show-room and issued six cheques in favour of Ashok Mittal of worth Rs. 13.53 crore. However, the cheques issued by accused were dishonored by banks.
In February 2019, accused in six different cases of Cheque dishonor amounting to Rs. 13.53 crores, was sentenced imprisonment.
Then Vikas Walia, filed appeal before the court of Additional District and Session Judge, Gagan Geet Kaur as the sentence was of less than three years, in which he was granted bail on the condition that within 60 days he has to pay 20 % of the Rs. 2 Crore compensation to the complainant.
When Vikas Walia (accused) failed to comply with the directions of the court, then court direct to police to initiate the process of his re-arrest.
An application filed by the complainant Ashok Mittal for registration of FIR under section- 174 A of IPC (for non- appearance in response to a proclamation under section 82 of Criminal Procedure Code Act 2 of 1974) against the convict Vikas Walia. This leads to inference that he is avoiding his presence by one way or the other.
Properties of Proclaimed Offender (PO) can also be attached after arrest under relevant provisions of CrPC.
Now Vikas Walia has been declared a Proclaimed Offender in two cases of Cheque bounce worth Rs. 4 Crore. As court order- read as “ this court is of the view that the accused is absconding and he has been declared proclaimed offender and SHO has been directed to register an FIR and investigates the matter with intimation to the court on February 6”.
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