Sunil Dhirajlal Mehta And ANR. v. State Of Haryana

CRM-M No. 6727 of 2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 6727 of 2022 Reserved on 23.08.2022 Pronounced on : 29.08.2022 Sushil Dhiraj Lal Mehta and another ......Petitioners Vs.

State of Haryana ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Dinesh K. Chaudhary, Advocate for the petitioners. Mr. Rajat Gautam, DAG, Haryana *** ANOOP CHITKARA J.

Criminal CIS No.7072/15 Date of decision:14.09.2021 under Section 138 of the Negotiable Instruments Act, District Gurgaon & FIR No.

Dated Police Station Sections Complaint 0138/2018 30.03.2018 Udyog Vihar, Gurugram 174A IPC Seeking quashing of aforesaid FIR as well as proclamation order dated 15.11.2016, passed by the Ld. JMIC Gurgaon, the accused has come up before this court under Section 482 CrPC.

2.

After dishonour of cheque handed over by the petitioner to second respondent, the respondent had filed a complaint against the petitioner under section 138 of Negotiable Instruments Act, 1881.

3.

The accused could not be served through the ordinary process, including summons, bailable warrants, and even non-bailable warrants. The concerned court finally proceeded against the petitioner under section 82 of CrPC and declared the petitioner a proclaimed offender vide aforesaid order.

4.

After issuance of proclamation, the complainant was duly compensated. The factum of SONIA ARORA 2022.08.31 16:31 I attest to the accuracy and integrity of this document

CRM-M No. 6727 of 2022 --2-- payment was recorded by Ld. Trial Court in its order dated 26-08-2021.On 14-09-2021, the complainant did not object to the settlement and dropping the proceedings against the petitioner and vide order dated14-09-2021 the complaint was dismissed as withdrawn. 5.

The primary matter stands dismissed as withdrawn; there is no justification for continuing the ancillary proceedings under section 174-A IPC. Consequently, in the facts and circumstances peculiar to this case, the petition is allowed, the above captioned impugned order dated 14-10-2016, passed by the Ld. JMIC Gurgaon and the FIR mentioned above, are quashed qua the petitioners only. All pending warrants stand canceled, and further proceedings quashed.

Petition allowed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 29.08.2022 sonia arora Whether speaking/reasoned:

Yes Whether reportable:

No.

SONIA ARORA 2022.08.31 16:31 I attest to the accuracy and integrity of this document