High Court of Punjab and HaryanaCRM-M/56335/2022disposed of

Hari Chand v. State Of Haryana And Another

2024-05-13Mr. Justice Jasjit Singh Bedi2 pages

CRM-M-56335-2022 - 1 - 270-A IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-56335-2022 (O&M) Date of Decision : May 13, 2024 Hari Chand .....Petitioner Vs.

State of Haryana and another ...Respondents

CORAM:

HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present :

Mr. Rose Gupta, Advocate for the petitioner.

Ms. Aditi Girdhar, AAG, Haryana.

JASJIT SINGH BEDI, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of the FIR No. 691 dated 09.08.2022 (Annexrue P-7) under Section 174A of the Indian Penal Code registered at Police Station Hisra City, District Hisar and all other consequential proceedings arising out of the present FIR. On 05.112.2022, the following order was passed :- "This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.691 dated 09.08.2022 (Annexure P-7) under Section 174-A of IPC registered at Police Station Hisar City, District Hisar and all other consequential proceedings arising therefrom.

Learned counsel for the petitioner submits that the FIR under Section 174-A IPC has been registered against the petitioner on the basis of proceedings arising under Section 138 of the Negotiable Instruments Act, 1881, wherein the petitioner has never been served as the address given in the complaint was the old address of the petitioner and the said property was sold on 15.03.2018 (Annexure P-11) and the complaint (Annexure P-1) SATISH KUMAR 2024.05.

CRM-M-56335-2022 - 2 - under the Negotiable Instruments Act, 1881, has been filed on 28.03.2019. Notice of motion. Ms. Gaganpreet Kaur, AAG, Haryana puts in appearance and accepts notice on behalf of respondent No.1-State and seeks time to file reply, if any. Let notice to respondent No.2 be issued for 31.01.2023. In the meantime, no coercive steps be taken against the petitioner in pursuance to FIR No.691 dated 09.08.2022 under Section 174- A IPC.

To be heard along with CRM-M-37348-2022."

In deference to the aforementioned order, the petitioner has surrendered before the trial Court and has since been granted bail. In view of the fact that the petitioner has joined the proceedings and is facing trial in the main case under Section 138 of the Negotiable Instrument Act, no useful purpose will be served by allowing the instant petition to continue. Therefore, the FIR No. 691 dated 09.08.2022 (Annexrue P-7) under Section 174-A of the Indian Penal Code registered at Police Station Hisra City, District Hisar and all other consequential proceedings rising therefrom are hereby stand quashed, subject to deposit of Rs.10,000/- with the 'Society for the Care of Blind, Sector 26, Chandigarh, Account No.10506615304, IFSC Code : SBIN0003246, MICR Code:160002014, State Bank of India, Phone No.9815507317, 9417579962, 0172-2793911, 2791154'.

( JASJIT SINGH BEDI ) May 13, 2024 JUDGE Satish Whether speaking/reasoned : YES / NO Whether reportable : YES / NO SATISH KUMAR 2024.05.14 10:53 I attest to the accuracy and integrity of this document High Court Chandigarh