In a case U/S 138 of the Negotiable Instruments Act 1881, I have been declared Proclaimed Offender. In fact I was never served with the summons because a wrong address was given in the complaint by the complainant. What is the legal remedy I can avail now.
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You can file Criminal Miscellaneous petition in the High Court have the territorial jurisdiction of your case. You can take the plea that while filing the complaint under section 138 of the Negotiable Instruments Act, 1881, the correct address was never supplied to the trial court and you are never served with the summons of the complaint case. You can also plead that you have been declared as proclaimed person without following the proper procedure under section 82/83 CR.P.C. you will definitely get success in setting aside the order passed by the trial court.