Harinder Pal Singh v. State Of Haryana And Another

CRM-M-15871-2025 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-15871-2025 (O&M) Date of Decision: 30.04.2025 Harinder Pal Singh ......Petitioner Vs.

State of Haryana and another ......Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

Present:

Mr. Sukhwinder Singh Dhillon, Advocate, for the petitioner.

**** SUDEEPTI SHARMA J.

1.

The present petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of the order dated 19.01.2019 passed by the learned Judicial Magistrate 1st Class, Hisar, whereby, the petitioner has been declared as Proclaimed Person in complaint case under Section 138 of the Negotiable Instruments Act, 1881, bearing No.NACT-852017 dated 18.01.2017 titled as 'Induslnd Bank Ltd. Vs. Harinder Pal Singh', which was decided by the learned Judicial Magistrate 1st Class, Hisar, and for quashing of the consequential FIR No.143 dated 16.03.2021 registered under Section 174-A of the Indian Penal Code, 1860, at Police Station City Hisar, District Hisar.

2.

Learned counsel for the petitioner contends that a compromise has been effected between the parties and in view of the compromise, learned Judicial Magistrate 1st Class, Hisar, acquitted the petitioner and the complaint was dismissed as withdrawn vide order dated 10.04.2023. He, therefore, prays that the order dated 19.01.2019 passed by the learned Judicial Magistrate 1st Class, Hisar, and FIR No.143 dated 16.03.2021 VIRENDRA SINGH ADHIKARI 2025.05.06 12:55 I attest to the accuracy and integrity of this document

CRM-M-15871-2025 (O&M) -2registered under Section 174-A IPC be quashed, since, he has been acquitted on the basis of compromise.

3.

I have heard learned counsel for the petitioner and perused the whole record of this case.

4.

Learned Judicial Magistrate 1st Class, Hisar, on 10.04.2023, passed the following order:- "Learned counsel for the complainant has made a statement that complainant-bank has compromised the matter with the accused so, as per instructions of the complainantbank, he does not want to pursue with the present complaint and wants to withdraw the same.

At the same time, learned counsel for the accused appeared and stated at bar that accused will withdraw the petition pending before Hon'ble Punjab & Haryana, High Court within two days and accused is having no objection, if present complaint be dismissed as withdrawn.

Heard. In view of the statement made by learned counsel for the complainant as well as submissions made by learned counsel for the accused, the present complaint is hereby dismissed as withdrawn.

Accused Harinder Pal Singh is acquitted in this case and his bail bonds and surety bonds stands discharged. File be consigned to record room after due compliance." 5.

In view of the above, the present petition is allowed and the order dated 19.01.2019 passed by the learned Judicial Magistrate 1st Class, Hisar, is set aside, whereas, FIR No.143 dated 16.03.2021 registered under Section 174-A IPC, against the petitioner is quashed. 6.

Pending application(s), if any, also stand disposed of. (SUDEEPTI SHARMA) JUDGE 30.04.2025 Virrendra Whether speaking/non-speaking : Yes/No Whether reportable : Yes/No VIRENDRA SINGH ADHIKARI 2025.05.06 12:55 I attest to the accuracy and integrity of this document