High Court of Punjab and HaryanaCRM-M/53549/2023disposed of

Rahul v. State Of Haryana And Another

2023-12-07Mr. Justice N.S. Shekhawat5 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH SR. No.297 Date of decision:-07.12.2023 Rahul ..... Petitioner

Versus

State of Haryana and another ......Respondent(s)

CORAM:

HON'BLE MR. JUSTICE N.S. SHEKHAWAT

Present:

Mr. Kushagar Goyal, Advocate for the petitioner. Mr. Dhruv Sihag, AAG, Haryana.

Ms. Pallavi Babbar, Advocate for respondent No.2-Bank N.S. SHEKHAWAT, J.

The petitioner has filed the present petition under Section 482 of Criminal Procedure Code, 1973 with a prayer to quash the FIR No.1021 dated 15.11.2022 registered under Section 174-A IPC at Police Station Civil Line, Sirsa, District Sirsa, Haryana as well as the order dated 20.11.2022 (Annexure P-4), whereby the petitioner had been declared as a proclaimed person. 2.

Learned counsel for the petitioner contends that the respondent/complainant had filed a complaint, i.e. NIA-1230-2018 titled as 'M/s Sarsai Nath Trading Company Vs. M/s Shree Ram Welding Works' under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act') against

the present petitioner on 05.09.2018. After recording the preliminary evidence, vide order dated 14.11.2018 (Annexure P-3), the petitioner was ordered to be summoned by the trial Court. After passing of the summoning order, the present petitioner was never served at the address, where he was residing and consequently vide impugned order dated 20.10.2022 (Annexure P-4), the present petitioner was ordered to be declared as a proclaimed person. In fact the petitioner was never aware of the order (Annexure P-4) passed by the trial Court. However, after several months, the petitioner came to know about the pendency of the complaint before the trial Court and he immediately settled the matter with the respondent-Bank. In fact on 28.09.

2023, the complainant/respondent appeared before the trial Court and stated that he had received the cheque amount along with compensation from the petitioner/accused and nothing was due against the petitioner. Consequently, the complaint was withdrawn by the respondent.Bank. On 28.09.2023 itself, the Court of Judicial Magistrate 1st Class, Sirsa, permitted the complainant/respondent to withdraw the complaint (AnnexureP 6). 3.

Learned counsel for the petitioner contends that in the main case itself, the matter has been amicably resolved between the parties and the complaint under Section 138 of the N.I. Act already stands withdrawn by the respondent. He further contends that the matter stands amicably resolved between the parties, the continuation of the proceedings of FIR under Section 174-A IPC shall be an abuse of the process of law. He further contends that in fact the petitioner was not aware of the proceedings in the instant case and his non-appearance was unintentional and bona fide.

During the course of hearing vide order dated 30.10.2023, the Court had directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded qua compromise within a period of two weeks. In compliance with the said order, the parties appeared before the trial and their statements were recorded. The report dated 15.11.2023 has been received from the Court of CJM, Sirsa, wherein it has been reported that the compromise between the parties is genuine, voluntarily and without any coercion and undue influence. Even counsel for respondent No.2-bank has stated that she has no objection in case the present FIR is ordered to be quashed by this Court.

I have heard learned counsel for the parties and perused the record. 6.

This Court in CRM-M-43813-2018 titled as "Baldev Chand Bansal Vs. State of Haryana and another, decided on 29.01.2019, has held as under:-

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