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High Court of Punjab and HaryanaCRM-M/21965/2019allowed

Sanjay R. Singh v. State Of Haryana And Another

2019-11-18Mr. Justice Harinder Singh Sidhu2 pages

CRM-M-21965 of 2019 #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-21965 of 2019 Date of decision: 18.11.2019 Sanjay R Singh ....Petitioner

Versus

State of Haryana & Anr.

....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Karan Singla, Advocate for the petitioner. Mr. Ashish Sanghi, DAG, Haryana.

HARINDER SINGH SIDHU, J.

Prayer is for quashing of FIR No.665 dated 14.12.2017 under Section 174-A IPC, P.S Sector 5, Panchkula and all consequent proceedings arising therefrom on the basis of compromise arrived at between the parties. It is stated that respondent No.2 had filed a complaint against the petitioner-accused under Section 138 of the Negotiable Instruments Act. In the said complaint, the petitioner was declared proclaimed person vide order dated 14.11.2017 passed by the learned JMIC, Panchkula since he had not caused appearance despite having been called repeatedly and the FIR aforesaid was directed to be registered under Section 174-A IPC against him.

Learned counsel for the petitioner states that the cheque, which was dishonored, was for a small amount. He contends that his nonappearance was not intentional. The matter, in any way, has been compromised between the parties and the complaint was withdrawn vide order dated 16.1.2019. Continuance of criminal proceedings against the MANOJ KUMAR 2019.11.19 09:08 I attest to the accuracy and integrity of this document

CRM-M-21965 of 2019 #2# petitioner would be an exercise in futility.

In view of aforesaid, present petition is allowed. FIR No.665 dated 14.12.2017 under Section 174-A IPC, P.S Sector 5, Panchkula and all consequent proceedings arising therefrom are quashed. This shall, however, be subject to payment of Rs.15,000/- as costs to be paid by the petitioner with the DCP Panchkula Police Welfare Fund.

November 18, 2019 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2019.11.19 09:08 I attest to the accuracy and integrity of this document