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

CRM-M-58953-2022 2023:PHHC:074158

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-58953-2022 (O&M) Date of order: 22.05.2023 Mukund Karwa @ Mukund Subhash Karwa ... Petitioner(s)

Versus

M/s India Infoline Finance & another

...Respondent (s)

CORAM:

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

Mr. Virat Rana, AAG, Punjab.

Mr. Vineet Sehgal, Advocate for respondent no.1 *** ANOOP CHITKARA, J.

Criminal CIS No.13540/2016 under Sections 138, 141, 142 of the Negotiable Instruments Act read with Section 200 CrPC, District Gurugram. Date of Decision: 4.7.2022 Seeking quashing of proclamation order dated 14-08-2019 passed by JMIC Complaint Gurugram, the accused has come up before this court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC).

2.

During the course of arguments, Ld. counsel for the petitioner confines his prayers against quashing of PO order, reserving liberty to file a separate petition for quashing of FIR, if any. Thus, the present petition is confined to PO order, Annexure P2, and liberty is reserved to file a separate petition for quashing of FIR, if any, registered pursuant to order dated 14.8.2019.

3.

Although respondent no.2 has not been served, but since the petitioner is only challenging the proclamation order, which is subject matter between the accused, Court and the police, as such, respondent no.2 is not a necessary party. 4.

Petitioner was arraigned as an accused in the above captioned matter. On failure to serve the petitioner 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 14-08-2019 passed by JMIC Gurugram. ASHWANI KUMAR 2023.05.24 15:50 I attest to the accuracy and authenticity of this order/judgment

CRM-M-58953-2022 2023:PHHC:074158 5.

Vide order dated 04-07-2022, passed by Ld. JMFC, Gurugram, the accused was acquitted and the complaint was treated as compounded. 6.

Given the compromise and acquittal of the petitioner in the main complaint, the impugned order of proclamation 14-08-2019 passed by JMIC Gurugram, in this matter is set aside.

Petition allowed in the terms mentioned above. All pending applications, if any, shall stand disposed of.

(ANOOP CHITKARA) JUDGE May 22, 2023 AK Whether speaking/reasoned :

Yes Whether reportable :

No ASHWANI KUMAR 2023.05.24 15:50 I attest to the accuracy and authenticity of this order/judgment