Jarnail Singh Bajwa v. State Of Punjab And Another

CRM-M No.14418 of 2022 --1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.14418 of 2022

Reserved on: 26.04.2022

Pronounced on: 14.07.2022 Jarnail Singh Bajwa ......Petitioner Vs.

State of Punjab and another ......Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Navjot Singh, Advocate for the petitioner. Mr. Harpreet S.Multani, AAG, Punjab.

*** ANOOP CHITKARA J.

FIR No.

Dated Police Station Section 22.10.2020 City Kharar, SAS Nagar, 174-A IPC Mohali Seeking quashing of aforesaid FIR, the accused has come up before this court under Section 482 Cr.P.C.

2.

After dishonour of cheque handed over by petitioner, the second 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 Cr.P.C. and declared the petitioner a proclaimed offender vide order dated 30.11.2019.

4.

After issuance of proclamation, the matter got settled between the parties. The factum of compromise was recorded by Ld. Trial Court in its order dated 03-03-2022. Vide order dated 25-03-2022 the complaint was dismissed as withdrawn and the order of proclamation was recalled.

JYOTI 2022.07.15 10:04 I attest to the accuracy and integrity of this document

CRM-M No.14418 of 2022 --25.

In paragraph 5 of the petition, the petitioner explains that due to a misunderstanding of dates between him and his counsel and Covid-19 disruptions, he could not appear. 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 The primary matter stands dismissed as withdrawn; there is no justification for continuing the ancillary proceedings under section 174-A IPC.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 and the FIR mentioned above, Annexure P-1 and all consequential proceedings arising therefrom are quashed. All pending warrants stand canceled, and further proceedings quashed.

Petition allowed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 14.07.2022 Jyoti-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2022.07.15 10:04 I attest to the accuracy and integrity of this document