Balwant Singh v. State Of Haryana And Another

CRM-M-36763-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-36763-2020 (O&M)

Reserved on: 26.04.2023

Pronounced on: 17.05.2023 Balwant Singh ... Petitioner(s)

Versus

State of Haryana & another

...Respondent (s)

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Shashi Kumar Yadav, Advocate for the petitioner(s).

Mr. Manish Bansal, DAG, Haryana.

*** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 30.10.2018 City Narnaul 174A Seeking quashing of aforesaid FIR, the accused has come up before this court under Section 482 CrPC.

2.

After dishonour of cheque handed over by the petitioner to respondent no.2, the said respondent 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 in the said complaint under Section 138 of the Negotiable Instruments Act, 1881. The concerned court finally proceeded against the petitioner under section 82 of CrPC and declared the petitioner a proclaimed offender vide order dated 26.7.2018. 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 9.3.2020. Vide said order, the complaint was dismissed as withdrawn. 5.

In paragraph 3 of the petition, the petitioner explains about the ignorance of the criminal proceedings. In the case's factual background, I am satisfied with the ASHWANI KUMAR 2023.05.17 15:58 I attest to the accuracy and authenticity of this order/judgment

CRM-M-36763-2020 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 The primary matter stands dismissed as withdrawn; there is no justification for continuing the ancillary proceedings under section 174-A IPC.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 and the FIR mentioned above, Annexure P-2 stood quashed qua the petitioner. Bail bonds, if any, furnished, shall stand discharged. Petition allowed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE May 17, 2023 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2023.05.17 15:58 I attest to the accuracy and authenticity of this order/judgment