Vijay Kumar v. State Of Haryana
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-2469-2023 (O&M) Date of Decision: 01.03.2023 VIJAY KUMAR ....Petitioner
Versus
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. Nonish Kumar, Advocate for the petitioner.
HARSH BUNGER, J. (Oral) This is a petition filed under Section 482 of Cr.P.C. for quashing of FIR No.782 dated 09.12.2021 (Annexure P-2) registered under Section 174-A of the Indian Penal Code, 1860 (hereinafter to be referred as "the IPC") at Police Station Civil Lines, Karnal and all the consequential proceedings which was registered on account of declaration of petitioner as proclaimed person by the learned Judicial Magistrate First Class, Karnal, vide order dated 20.01.2020 (Annexure P-1) in compliant No.882 of 2019 titled as "Axis Bank Ltd. Versus Vijay Kumar". Learned counsel for the petitioner has submitted that a complaint under Sections 138 and 142 of the Negotiable Instruments Act was filed at the behest of complainant-Bank against the present petitioner, wherein the petitioner was wrongly declared as proclaimed person vide order dated 20.01.2020 (Annexure P-1) and an intimation regarding the said
- - order was sent by the Judicial Magistrate Ist Class, Karnal to the Station House Officer concerned to register an FIR in respect of the same. In pursuance of the said intimation, the FIR (Annexure P-2) was registered against the petitioner. It is submitted that during pendency of the present case, the matter got amicably settled between the petitioner and complainant-Bank and subsequent thereto, the learned counsel appearing for the complainant-Bank (Axis Bank Ltd.), suffered a statement before the Judicial Magistrate Ist Class, Karnal, not to pursue the Complaint No.882 of 2019 and sought withdrawal of the same. On the basis of said statement, the Judicial Magistrate First Class, Karnal, granted permission to withdraw the said complaint vide its order dated 10.12.2021 (Annexure P-4).
It is further submitted that once the complaint under Section 138/142 of the Negotiable Instruments Act has been withdrawn, the present FIR under Section 174-A of the Indian Penal Code deserves to be quashed. Learned State counsel has not disputed the fact that the complaint (No.882 of 2019) stands withdrawn vide order dated 10.12.2021 (Annexure P-4), passed by the Judicial Magistrate Ist Class, Karnal and he does not oppose the prayer of petitioner for quashing of FIR. This Court has heard the learned counsel for the parties and has perused the paper book.
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// ( # In the present case, it is not in dispute that the complainantBank had filed a complaint under Section 138/142 of the Negotiable Instruments Act and it is in the said proceedings that the petitioner was declared as proclaimed person by the trial Court and as a consequential action thereof, the present FIR No.782 dated 09.12.2021 (Annexure P-2), was registered under Section 174-A of the Indian Penal Code, at Police Station Civil Lines, District Karnal. Thereafter, the matter was compromised between the parties and complainant-Bank had withdrawn the complaint under Section 138/142 of the Negotiable Instruments Act as per order dated 10.12.2021 (Annexure P-4), which is reproduced hereinbelow:- = !
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Thus, after the withdrawal of proceedings under Section
-2138/142 of the Negotiable Instruments Act on the basis of amicable settlement, continuation of proceedings under Section 174-A of the Indian Penal Code shall be an abuse of process of law. 5(064/6 ,!4
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4 FIR No.782 dated 09.12.2021 registered under Section 174-A of the Indian Penal Code, 1860 at Police Station Civil Lines, Karnal (Annexure P-2)
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(# Present petition is disposed of in the aforesaid terms.
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(# 01.03.2023 (HARSH BUNGER) Amandeep/Apurva JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No