Shrikant Verma v. State Of Haryana
CRM-M-48923-2024
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-48923-2024
Reserved on: 01.10.2024
Pronounced on: 04.10.2024 Shrikant Verma
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. P.S.Ahluwalia, Advocate and Mr. Jaiveer Sandhu, Advocate for the petitioners.
Ms. Harpreet Kaur, A.A.G., Haryana.
*** ANOOP CHITKARA J.
FIR No.
Dated Police Station Sections 01.09.2018 Panipat City, District 174-A IPC Panipat 1.
Seeking quashing of aforesaid FIR, the accused has come up before this court under Section 482 CrPC.
2.
After dishonor of the cheque drawn and the failure of response by the petitioner to the notice to pay the cheque amount, the complainant/respondent, the second respondent, filed a complaint against the petitioner under section 138 of The Negotiable Instruments Act, 1881.
3.
The accused could not be served through the ordinary process, including summons, bailable warrants, and non-bailable warrants. The concerned court finally proceeded against the petitioner under section 82 of CrPC, declaring the petitioner a proclaimed person and ordering the registration of an FIR. Based on such a complaint, the police registered the above-mentioned FIR against the petitioner. 4.
After the proclamation was issued, the petitioner surrendered before the trial Court and later on he was convicted vide judgment dated 05.03.2020 and sentenced on 07.03.2020. Aggrieved by the conviction after dismissal of appeal, petitioner approached this Court by filing CRR No.646 of 2024 decided on 29.08.2024 in which the petitioner was acquitted of the charges.
Jyoti Sharma 2024.10.07 10:41 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh
CRM-M-48923-2024 5.
Since the petitioner has been acquitted of the charges levelled in the main case/complaint, there is no justification for continuing the ancillary proceedings under section 174-A IPC which is an upshot of the order, which merged in the final order of conviction which stands set aside. Consequently, in the facts and circumstances peculiar to this case, the petition is allowed, the above captioned FIR mentioned above, Annexure P-1, is quashed. All pending warrants stand canceled, and further proceedings quashed. Petition allowed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 04.10.2024 Jyoti Sharma Whether speaking/reasoned: Yes Whether reportable:
No.
Jyoti Sharma 2024.10.07 10:41 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh