Sunil Sharma v. State Of Haryana And Another

CRM-M No. 6014 of 2020 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No.6014 of 2020 Reserved on : 22.09.2022 Pronounced on : 26.09.2022 Sunil Sharma ......Petitioner Vs.

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

Present:

Mr. Neeraj Sheoran, Advocate for the petitioner. Mr. Manish Bansal, DAG, Haryana.

*** ANOOP CHITKARA J.

Criminal No. 9683/2015, under Section 138 of the Negotiable Instruments Act, District Gurgaon titled as Jaswant Kumar vs. M/s Sunrise Logistics and others, decided on 08.09.2018 Complaint and FIR No.

Dated Police Station Sections 13.12.2016 City Gurgaon Sadar (Gurugram) 174-A IPC Seeking quashing of order of proclaimation and aforesaid FIR, registered on the directions of learned JMIC, Gurgaon (Gurugram), the accused has come up before this court under Section 482 CrPC.

2.

After dishonor of cheque drawn and failure of response by the petitioner to the notice to pay the cheque amount, the complainant/respondent, the second respondent, filed a complaint against the petitioner under section 138 of The 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, and also order registration of FIR. Based on such complaint, the police registered the above-mentioned FIR against the petitioner.

4.

After issuance of proclamation, the matter got settled between the parties. The factum ANJU RANI 2022.10.01 11:19 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CRM-M No. 6014 of 2020 --2-- of compromise was recorded by the Lok Adalat in its sitting dated 08-09-2018. Vide order dated 08-09-2018, passed by Presiding Officer, National Lok Adalat, Gurugram, the complaint was dismissed as withdrawn.

5.

In the case's factual background, I am satisfied with the explanation offered. The primary matter stands dismissed as withdrawn; there is no justification for continuing the ancillary proceedings under section 174-A IPC.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 impugned order dated 31-05-2016, passed by JMIC Gurugram, and the above captioned FIR Annexure P-2 with all consequential proceedings, are quashed qua the petitioner. All pending warrants stand canceled, and further proceedings quashed.

Petition allowed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 26.09.2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2022.10.01 11:19 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH