Delhi High Court issues directions to all Delhi trial courts against declaring an accused an absconder without cogent grounds

10 October 2026

Justice Girish Kathpalia of the Delhi High Court has issued directions to all criminal trial courts in Delhi on when an accused may be declared an absconder or proclaimed offender.
The judgment in Tajinder Mohan Singh v. The State (Government of NCT of Delhi), neutral citation 2026:DHC:8954, was reported on 10 October 2026.
The petitioner was an accused in a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act. Process reports said he had not lived or worked at either of the two addresses given in the complaint for about four years, yet the trial court ordered proclamation at those addresses, declared him an absconder and directed an FIR under Section 174A of the Indian Penal Code. The High Court quashed that FIR and all consequential proceedings.
The Court directed that courts must not declare an accused an absconder because of case backlog, and must have cogent grounds to believe the accused is deliberately avoiding summons or warrants.
Complainants must file an affidavit at the start of a complaint case giving the accused's correct residential address and any other addresses for electronic service.
The presiding judge must personally examine the process server's or police official's report and record reasons in writing before finding that service was avoided.
The Registrar General was directed to send the judgment to all Principal District and Sessions Judges in Delhi and to the Delhi Judicial Academy, and to circulate it among criminal trial courts in Delhi.