Navjot Singh Boparai v. State Of Punjab And Others
!" !#!!
! !$ ! %%%%
$ &' () $'* + ( , --
!, ."/ - 0 !0 "
!
"
#$% & ' ((((( !0 "
- !/ , ) & &
& )* !* &
+ ',
&
*& -.%'/%0/#'/'/10/00 ) &00/10/00 ) 2 & 3 -& 4
5 * &
* && . & )* !* &
+ ', ) &00/10/00 ) 2 & 3 -& 4 4 && 6 , This is a petition filed on behalf of the petitioner under Section 482 Cr.P.C. for quashing of FIR No.110 dated 17.09.2019, under Section 174-A IPC (Annexure P-8), registered at Police Station Moonak, District Sangrur and all the consequential proceedings arising therefrom. Learned counsel for the petitioner has submitted that in the present case, a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, 'the NI Act') (Annexure P-7) was filed by Harmail Singh (respondent No.5) against the present petitioner for dishonour of the cheque, which was registered as NACT-50-2015.
In the said complaint, the petitioner was wrongly declared as proclaimed person vide order dated 12.09.2019 (Annexure P-9) and an intimation was sent to concerned SHO by the Judicial Magistrate First Class, Moonak to register an FIR in respect of the same. In pursuance of the said intimation, the present FIR No.110 of 2019 was registered. Learned counsel for the petitioner submits that on 10.05.2021, the petitioner joined the investigation in FIR No.110 of 2019 and furnished security and secured bail. Thereafter upon surrendering before the Court of Judicial Magistrate Ist Class, Moonak in NACT-50-2019 on 24.06.
It is submitted that during pendency of the present case, the matter got amicably settled between the petitioner and respondent No.5 and subsequent thereto, respondent No.5 suffered a statement before the Judicial Magistrate First Class, Moonak, not to pursue the complaint (Annexure P-7) and sought withdrawal of the same. On the basis of said statement, the Judicial Magistrate First Class, Moonak granted permission to withdraw the complaint vide its order dated 05.09.2022; a copy thereof is supplied in Court today, which is taken on record, subject to all just exceptions. It is submitted that once the complaint under Section 138 of the NI Act has been withdrawn, the present FIR under Section 174-A IPC deserves to be quashed.
Learned State counsel has opposed the instant petition by stating that the FIR in question has been registered in pursuance of order dated 12.09.2019 (Annexure P-9), passed by the Judicial Magistrate Ist Class, Moonak, hence the present petition may be dismissed. Learned counsel representing respondent No.5 has admitted the factum of settlement of matter under Section 138 of the NI Act and also the withdrawal of complaint under Section 138 ibid, vide order dated 05.09.2022, passed by the Judicial Magistrate Ist Class, Moonak. I have heard learned counsel for the parties and have perused the paper book.
7
- 01/#0/#1
&8
9 & 7
!"
#$
%
"!
!"
# & "
'
( "
)
(
% * ) "
"
)
+++++++++ , "
" (
% -' !
.* / ! 0
1 2&
& 132 ,$ 4&5" 6"
,.
- !
7
&
13 2 % 1% 2 8 9
0 - !
7
:
132,$
) " "".
"&
%
"
. !"
34
$"
)
) *) ."(
. ( )
&
& " " !"
#$%
(
( (
"
) *)
.& .
"" & )
.
( ;" 5
&
%
& "
' )
!"
#$
% "!
!"
# & "
'
( "
& (
: &8
9
!"!
# & 7 ( &
"
* .
" !"
#$%
. " &
&. ("
1 . " ( .
) " &
" ( )& )*&' *)
"
)
"" ( ".
"
. " ) "
(
( (
" ) (
&
" "
"".
" & " " !"
#$%!
((
"
" $"" &
)
4
&
!"
#$%$ " !
0 ) &<
"
(& ) "
"
:
7
- #:/00/00 $ &%&'
( & 7 =! "&
" !"
34
$"
44 ( )
)
(
"" #
"
&
%
" "
"
) ( ( "
% 0 *)
(* "
"".
" & )
) (*&
) 88
4
!"
#$ % " !
> ( % &<
"
(1$ +#32
" "
.& (
=:
& * &*
53 #:$7 3- ;
&
#<= 3 > & * > ; &
#<= 3 * &
2 &*
#:$7 3- && - In the present case, it is not in dispute that respondent No.5 had filed a complaint under Section 138 of the NI Act for dishonour of cheque and it is in the said proceedings that order dated 12.09.2019 (Annexure P-9) was passed by the Judicial Magistrate Ist Class, Moonak, vide which the petitioner was declared as proclaimed person and intimation was sent to SHO concerned, whereupon the present FIR No.110 dated 17.09.2019, under Section 174-A IPC (Annexure P-8), was registered at Police Station Moonak, District Sangrur. Thereafter, the matter was compromised between the parties and respondent No.5/complainant had withdrawn the complaint under Section 138 of the NI Act as per order dated 05.09.2022, which is reproduced hereinbelow:- 8 ?%.
)
" !
$!! &$* $"" ( )
" !
$. % &$* 6
. ".
7. !
" "* "
. )
)
".
7 *)
. ( ".
&
".
( .
)
) (" "#.&5 ' " % ?# < ?
8
1/ ! 2&%!
;" 5
%
& 5 '@<#> 43:
Keeping in view the aforementioned facts and circumstances, as well as the authorities of law referred to above, the present petition is allowed and FIR No.110 dated 17.09.2019, under Section 174-A IPC (Annexure P-8), registered at Police Station Moonak, District Sangrur and
all the consequential proceedings arising therefrom, are ordered to be quashed qua the petitioner herein.
&&
& +, ) && -- !0 "
$ *
$ #?
4
% @% 0?
& @%