High Court of Punjab and HaryanaCRM-M/32723/2020disposed of

Abhishek Singh v. State Of Haryana And Another

2021-02-10Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-32723-2020 Decided on : 10.02.2021 Abhishek Singh . . . Petitioner(s)

Versus

State of Haryana and another . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Shantanu Bansal, Advoate for the petitioner(s).

Mr. Rajiv Goel, DAG, Punjab.

**** MANJARI NEHRU KAUL , J. (Oral) The instant petition has been filed under Section 482 Cr.P.C., for quashing of FIR No. 280, dated 16.02.2020, under Section 174-A IPC, registered at Police Station Ambala City, District Ambala (Annexure P-1) and all subsequent proceedings arising therefrom. Learned counsel for the petitioner inter alia contends that vide order dated 16th August, 2017 (Annexure P-2), learned JMIC, Ambala, declared the petitioner a proclaimed person in a complaint case filed against him under Section 138 of the Negotiable Instruments Act, 1881 (for brevity 'the NI Act'). Subsequently, FIR in question for offence under Section 174A of IPC was registered against the petitioner.

It has been contended that the petitioner was unaware about the proceedings having been initiated against him in the complaint case under Section 138 of the NI Act as well as the proclamation warrants issued against him by the JMIC, Ambala, vide order dated 16th August, 2017 (Annexure P-2). However, as soon as, he came to know about the aforesaid complaint case and the factum of registration of FIR under Section 174-A IPC, he approached the learned JAWALA RAM 2021.02.

CRM-M-32723-2020 - 2 - Court below for grant of concession of regular bail and the learned trial Court vide order dated 25th September, 2020 (Annexure P-3), granted him the concession of anticipatory bail. Thereafter, with the intervention of respectables, the petitioner entered into compromise with respondent No.2complainant and paid the full and final amount to the latter. Resultantly, the complaint under Section 138 of the NI Act, filed against the petitioner, was withdrawn by respondent No.2 - complainant.

On being put to notice, respondent No.1 - State entered appearance and has not disputed the factum of compromise having been arrived at between the parties and the case under Section 138 of the NI Act, having been withdrawn by the complainant against the petitioner. Heard.

In the facts and circumstances of the case, I have no hesitation in holding that the instant petition deserves to be allowed. Consequently, FIR No. 280, dated 16.02.2020, under Section 174-A IPC, registered at Police Station Ambala City, District Ambala (Annexure P-1) is quashed along with all subsequent proceedings arising therefrom. (MANJARI NEHRU KAUL) JUDGE February 10, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.02.11 14:44 I attest to the accuracy and authenticity of this document Chandigarh