Kirpal Singh v. State Of Haryana

CRM-M- 14110 of 2024 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (256) CRM-M- 14110 of 2024 Date of decision : 14.11.2024 Kirpal Singh ................Petitioner vs.

State of Haryana .................Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Robin Dutt, Advocate for Mr. Amitoj Singh Dhaliwal, Advocate for the petitioner. Mr. Tanuj Sharma, Assistant Advocate General, Haryana.

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RAJESH BHARDWAJ, J. (Oral) 1.

Instant petition has been filed under Section 482 Cr.P.C., praying for quashing of order dated 04.09.2023 (Annexure P-5), passed by the Court of learned SDJM, Dabwali, District Sirsa, in complaint No. NACT310-2021, instituted on 30.11.2021, titled as 'M/s Ashoka Auto Store Vs. Kirpal Singh', whereby the petitioner was declared as proclaimed person and FIR was ordered to be registered against the petitioner which resulted in FIR No. 777 dated 30.12.2023, registered under Section 174-A of the IPC at Police Station City Mandi Dabwali, District Sirsa, illegally and against the law and facts, in the interest of justice.

2.

It is submitted by learned counsel for the petitioner that the petitioner was prosecuted in complaint under Sections 138 to 142 of BANITA CHUGH 2024.11.20 17:50 I attest to the accuracy and integrity of this document

CRM-M- 14110 of 2024 -2Negotiable Instruments (Amendment) Act, 2018 and during pendency of the same, he was declared a proclaimed person vide impugned order dated 04.09.2023. It is submitted that in compliance to order dated 18.03.2024, the petitioner has appeared before the trial Court on 27.03.2024. He submits that the petitioner has already been allowed bail and has joined the trial. Hence the impugned order does not sustain.

3.

In the facts and circumstances, the impugned order dated 04.09.2023 (Annexure P-5), passed by the court of learned SDJM, Dabwali, District Sirsa, in complaint No. NACT-310-2021, instituted on 30.11.2021, titled as 'M/s Ashoka Auto Store Vs. Kirpal Singh', whereby the petitioner was declared as proclaimed person is hereby quashed. 4.

Petition is disposed of accordingly. Petitioner is directed to appear continuously before the trial Court as per its directions and face the trial in the main complaint.

( RAJESH BHARDWAJ ) 14.11.2024 JUDGE chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No BANITA CHUGH 2024.11.20 17:50 I attest to the accuracy and integrity of this document