Mukund S Karwa @ Mukund Subhash Karwa v. M/S India Infoline Finance And ORS.

CRM-M-27877-2023 1 2023:PHHC:079716

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M- 27877-2023 (O&M) Date of Decision: 31.05.2023 Mukund S. Karwa @ Mukund Subhash Karwa ... PeƟƟoner(s)

Versus

M/s India Infoline Finance & others

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Sanjay Verma, Advocate for the peƟƟoner(s).

Mr. Vineet Sehgal, Advocate for respondents.

*** ANOOP CHITKARA, J.

Criminal CIS No. NACT/15433/2016 dated 14.12.2016 under SecƟons 138, 141, 142 of the NegoƟable Instruments Act read with SecƟon 200 CrPC, District Gurugram.

Date of Decision: 02.04.2022 Complaint Seeking quashing of proclamaƟon order dated 17.11.2021 passed by JMIC Gurugram, the accused has come up before this court under SecƟon 482 of the Code of Criminal Procedure, 1973 (CrPC).

2.

During the course of arguments, Ld. counsel for the peƟƟoner confines his prayers against quashing of PO order, reserving liberty to file a separate peƟƟon for quashing of FIR, if any. Thus, the present peƟƟon is confined to PO order, Annexure P-2, and liberty is reserved to file a separate peƟƟon for quashing of FIR, if any, registered pursuant to order dated 17.11.2021. 3.

Although respondent no.2 has not been served, but since the peƟƟoner is only challenging the proclamaƟon order, which is subject maƩer between the accused, Court and the police, as such, respondent no.2 is not a necessary party. However, counsel for the respondents submits that he has no objecƟon if order is quashed. 4.

PeƟƟoner was arraigned as an accused in the above capƟoned maƩer. On failure to serve the peƟƟoner through the ordinary process, including summons, bailable warrants, and even non-bailable warrants, the concerned court finally proceeded against the peƟƟoner under secƟon 82 of CrPC and declared the peƟƟoner a proclaimed offender vide order dated 17.11.2021 passed by JMIC Gurugram. JYOTI 2023.06.01 08:37 I attest to the accuracy and integrity of this order/judgment.

CRM-M-27877-2023 2 2023:PHHC:079716 5.

Vide order dated 02.04.2022, passed by Ld. JMFC, Gurugram, the accused was acquiƩed and the complaint was treated as compounded. 6.

Given the compromise and acquiƩal of the peƟƟoner in the main complaint, the impugned order of proclamaƟon 17.11.2021 passed by JMIC Gurugram, in this maƩer is set aside.

PeƟƟon allowed in the terms menƟoned above. All pending applicaƟons, if any, shall stand disposed of.

(ANOOP CHITKARA) JUDGE 31.05.2023 JyoƟ-II Whether speaking/reasoned :

Yes Whether reportable :

No JYOTI 2023.06.01 08:37 I attest to the accuracy and integrity of this order/judgment.