Harjot Singh v. State Of Punjab And Another

CRM-M No. 34644 of 2022 --1--

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 34644 of 2022 Decided on: 06.02.2023 Harjot Singh ......Petitioner Vs.

State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Manoj R. Sharma, Advocate for the petitioner.

 

  Mr. Paramjit Deol, Advocate for respondent No.2.

*** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 06.03.2020 City Gurdaspur, District Gurdaspur 174-A IPC, 1860 Seeking quashing of aforesaid FIR, the petitioner has come up before this court under Section 482 CrPC.

2.

After dishonour of cheque handed over by the petitioner to the second respondent, the second respondent had filed a complaint against the petitioner under section 138 of Negotiable Instruments Act, 1881.

3.

The accused/petitioner 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 order dated 16.12.2019. 4.

After issuance of proclamation, the matter got settled between the parties. The factum of compromise was recorded by Ld. Trial Court in its order dated 15.10.2020 and on the statement of complainant, the said complaint was dismissed as withdrawn. POOJA SHARMA 2023.02.09 14:15 I attest to the accuracy and integrity of this order/judgment

CRM-M No. 34644 of 2022 --2-- 5.

In paragraph-3 of the petition, the petitioner explains that petitioner was not traceable and he was declared proclaimed offender. As per averments made in Para No.4 and 5 of the petition, petitioner makes out a case for quashing of FIR and explanation offered by petitioner is a reasonable. In the case's factual background, I am satisfied with the explanation offered. The primary matter stands dismissed as withdrawn; there is no justification for continuing the ancillary proceedings under section 174-A IPC.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, the FIR mentioned above, Annexure P1, stands quashed qua the petitioner. Bail bonds if any furnished by petitioner stands discharged. Petition allowed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 06.02.2022 ps-I Whether speaking/reasoned:

Yes Whether reportable:

No.

POOJA SHARMA 2023.02.09 14:15 I attest to the accuracy and integrity of this order/judgment