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High Court of Punjab and HaryanaCRM-M/17868/2024allowed

Kulwant Singh v. State Of Punjab And Another

2024-05-13Mr. Justice Anoop Chitkara2 pages

CRM-M-17868-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-17868-2024 Decided on: 13.05.2024 Kulwant Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr .Davinder Singh Saini, Advocate for the petitioner(s).

Mr. M.S. Bajwa, DAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 30.03.2020 City Rajpura, District Patiala 174-A IPC Seeking quashing of aforesaid FIR and proclamation order dated 28.02.2023, passed by the Sub Divisional Judicial Magistrate, Rajpura (Annexure P-9) 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 second respondent had filed a complaint against the petitioner under section 138/142 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.

ANJU RANI 2024.05.17 17:45 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

CRM-M-17868-2024 4.

After issuance of proclamation, the matter got settled between the parties. Complaint stands dismissed as withdrawn vide order dated 11.02.2023 passed by the Sub Divisional Judicial Magistrate, Rajpura.

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The primary matter stands dismissed as withdrawn; there is no justification for continuing the ancillary proceedings under Section 174-A IPC.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. Above captioned FIR and all other consequential proceedings and proclamation order dated 28.02.2023, stand quashed qua the petitioner. Bail bonds and surety bonds, if any, stands discharged. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 13.05.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2024.05.17 17:45 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh