High Court of Punjab and HaryanaCRM-M/37348/2022disposed of

Hari Chand v. State Of Haryana And Another

2024-05-13Mr. Justice Jasjit Singh Bedi2 pages

CRM-M-37348-2022 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-37348-2022 (O&M) Date of Decision : May 13, 2024 Hari Chand .....Petitioner Vs.

State of Haryana and another ...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present :

Mr. Rose Gupta, Advocate for the petitioner.

Ms. Aditi Girdhar, AAG, Haryana.

JASJIT SINGH BEDI, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of the FIR No. 236 dated 30.04.2022 under Section 174-A of the Indian Penal Code registered at Police Station Hisra Civil Lines, District Hisar and all other consequential proceedings arising out of the present FIR. On 23.08.2022, the following order was passed :- "This is a petition under Section 482 Cr.P.C. for quashing of FIR No.0236 dated 30.04.2022 under Section 174-A IPC, registered at Police Station Hisar Civil Lines, District Hisar, and all other consequential proceedings arising therefrom. Learned counsel for the petitioner submits that the FIR under Section 174-A IPC has been registered against the petitioner on the basis of proceedings arising under Section 138 of the Negotiable Instruments Act, 1881, wherein the petitioner has never been served as the address given in the complaint was the old address of the petitioner and the said property was sold SATISH KUMAR 2024.05.14 15:50 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-37348-2022 - 2 - on 15.03.2018 (Annexure P-12) and the complaint under the Negotiable Instruments Act, 1881, has been filed on 15.02.2019 (Annexure P-1). Notice of motion. Mr. Rupinder Singh Jhand, Addl. A.G., Haryana, accepts notice on behalf of respondent No.1-State and seeks time to file reply, if any. Let notice be issued to respondent No.2 for 11.11.2022. In the meantime, no coercive steps be taken against the petitioner in pursuance to FIR No.0236 dated 30.04.2022 under Section 174-A IPC."

In deference to the aforementioned order, the petitioner has surrendered before the trial Court and has since been granted bail. In view of the fact that the petitioner has joined the proceedings and is facing trial in the main case under Section 138 of the Negotiable Instrument Act, no useful purpose will be served by allowing the instant petition to continue. Therefore, the FIR No. 236 dated 30.04.2022 under Section 174-A of the Indian Penal Code registered at Police Station Hisra Civil Lines, District Hisar and all consequential proceedings arising therefrom are hereby stand quashed, subject to deposit of Rs.10,000/- with the 'Society for the Care of Blind, Sector 26, Chandigarh, Account No.10506615304, IFSC Code : SBIN0003246, MICR Code:160002014, State Bank of India, Phone No.9815507317, 9417579962, 0172-2793911, 2791154'.

( JASJIT SINGH BEDI ) May 13, 2024 JUDGE Satish Whether speaking/reasoned : YES / NO Whether reportable : YES / NO SATISH KUMAR 2024.05.14 15:50 I attest to the accuracy and integrity of this document High Court Chandigarh