Mukund S Karwa @ Mukund Subhash Karwa v. M/S India Infoline Finance And Others
CRM-M-51666-2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-51666-2022 (O&M)
Reserved on: 13.02.2023
Pronounced on: 11.04.2023 Mukund Karwa @ Mukund Subhash Karwa ... Petitioner(s)
Versus
M/s India Infoline Finance & others
...Respondent (s)
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Sanjay Verma, Advocate for the petitioner(s).
*** ANOOP CHITKARA, J.
Criminal 328 dated 12.1.2017 under Sections 138, 141, 122 of the Negotiable Instruments Act read with Section 200 CrPC, District Gurugram. Date of Decision: 2.4.2022 Seeking quashing of proclamation order dated 17.11.2021 (Annexure P-2) with Complaint further direction to the concerned police station not to initiate proceedings under section 174-A of IPC, the accused has come up before this court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC).
2.
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 17-11-2021. 3.
Vide order dated 02-04-2022 passed by Ld. JMFC Gurugram, the complaint was dismissed as withdrawn as a sequel to the compromise and receipt of entire amount by the complainant.
4.
Given the compromise and withdrawal of complaint, the impugned order of proclamation dated order dated 17-11-2021 passed by ld. JMIC Gurugram, in this matter is set aside and consequently, any proceedings arising out of the same under Section 174A IPC, if any, stands quashed.
ASHWANI KUMAR 2023.04.11 17:05 I attest to the accuracy and authenticity of this order/judgment
CRM-M-51666-2022 Petition allowed in the terms mentioned above. All pending application(s), if any, shall stand disposed of.
(ANOOP CHITKARA) JUDGE April 11, 2023 AK Whether speaking/reasoned :
Yes Whether reportable :
No ASHWANI KUMAR 2023.04.11 17:05 I attest to the accuracy and authenticity of this order/judgment