Code of Criminal Procedure, 1973–Secs. 82 & 83–Negotiable Instruments Act, 1881–Sec. 138–Proceeding u/ss. 82 & 83–Justification–No reason to show that the accused is absconding–Merely recording of findings that “it appears that the accused has absconded” is not sufficient–Alleged concealment must be for the purpose of avoiding the warrant–On most of the occasions, they summon was not issued due to fault of office–During the relevant period, entire govt. machinery remained to standstill due to COVID-19–No reason was shown by the trial Court for the basis of conclusion–Impugned order is liable to be quashed and set aside.
