Subhash Kumar v. State Of Haryana And Another
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (O&M Date of Decision: 06.12.2022
....Petitioner
Versus
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :
Mr. Virender Soni, Advocate for the petitioner.
HARSH BUNGER, J. (Oral) This is a petition filed under Section 482 of Cr.P.C. for quashing of FIR No.320 dated 05.08.2022 registered under Section 174-A of the Indian Penal Code, 1860 (Annexure P-2) at Police Station Sector 7 Panchkula, District Panchkula and all the consequential proceedings arising therefrom.
Learned counsel for the petitioner has submitted that in the present case, a complaint under Section 138 of the Negotiable Instruments Act, 1881 was filed by one Rainbow Crop Health Ltd (respondent No.2) against the present petitioner for dishonour of the cheque and in the said complaint, the petitioner was wrongly declared as proclaimed person vide order dated 13.06.2022 (Annexure P-1) and an intimation was sent to concerned SHO by the Judicial Magistrate First Class, Panchkula to register the FIR in respect of the same and in pursuance of the said intimation, the present FIR has been registered. It is submitted that upon coming to know about the pendency of complaint under Section 138 of Negotiable
-- instruments Act, 1881, he immediately approached respondent No.2 (complainant) and settled the matter with him. Subsequent thereto, the matter was compromised in Daily Lok Adalat and the counsel for respondent No.2 suffered a statement before Judicial Magistrate First Class, Panchkula not to pursue the complaint and sought withdrawal of the same. On the basis of the said statement, the learned Judicial Magistrate First Class, Panchkula granted permission to withdraw the complaint vide its order dated 26.09.2022 (Annexure P-3). It is further submitted that once the complaint under Section 138 of the Negotiable Instruments Act has been withdrawn, the present FIR under Section 174-A deserves to be quashed. Notice of motion.
On asking of the Court Mr. Ram Kumar Singla, DAG, Haryana, who is present in the Court, accepts notice on behalf of the respondent-State of Haryana and has opposed the present petition by stating that the present FIR has been registered in pursuance of order dated 13.06.2022 (Annexure P-1) passed by Judicial Magistrate First Class, Panchkula. Hence, the present petition may be dismissed.
At this stage, Ms. Ritu Singh, Advocate for Mr. Ashish Sheokand, Advocate puts her appearance and accepts notice on behalf of respondent No.2 and has admitted the factum of settlement of matter under Section 138 of the Negotiable Instruments Act and also the withdrawal of complaint under Section 138 ibid vide order dated 26.09.2022 (Annexure P-3).
I have heard the learned counsel for the parties and have perused the paper book.
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, " ( In the present case, it is not in dispute that respondent No.2 had filed complaint under Section 138 of the Act of 1881 for dishonour of cheque and it is in the said proceedings that the order dated 13.06.2022 (Annexure P-1) was passed vide which the petitioner was declared as proclaimed person and intimation was sent to SHO concerned, whereupon the present FIR No.320 dated 05.08.2022 registered under Section 174-A of the Indian Penal Code, 1860 (Annexure P-2) at Police Station Sector 7
-;- Panchkula, District Panchkula. Thereafter, the matter was compromised between the parties and complainant/respondent No.2 had withdrawn the complaint under Section 138 of the Act of 1881 as per order dated 26.09.2022, which is reproduced hereinbelow:- 9
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Keeping in view the abovesaid facts and circumstances, as well as the authorities of law referred to above, the present petition is allowed and FIR No.320 dated 05.08.2022 registered under Section 174-A of the Indian Penal Code, 1860 (Annexure P-2) at Police Station Sector 7 Panchkula, District Panchkula and all the consequential proceedings arising therefrom, are ordered to be quashed qua the petitioner. 06.12.2022 (HARSH BUNGER) Amandeep JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No