Umardaraz And ORS. v. State Of Haryana
!" #$%$!&' ( ( )
' *+(, ,
!
"
"
# $ %%%%% , (-+.
petition under Section 482 of the Code of Criminal Procedure has been filed on behalf of the petitioners seeking quashing of FIR No.139 dated 17.03.2021 (Annexure P-2), under Section 174-A of the Indian Penal Code, registered at Police Station Civil Lines, District Karnal, on the basis of the fact that Complaint No.312 of 2017 dated 13.02.2017 (Annexure P-1), titled as "M/s Nuova Proteins (P) Limited Vs. Umardaraz and others" filed under Sections 138/142 of the Negotiable Instruments Act, has been withdrawn by the complainant-Company. Learned counsel for the petitioners has submitted that in the present case, a complaint under Section 138/142 of the Negotiable Instruments Act was filed at the behest of complainant-Company, i.e. M/s Nuova Proteins Pvt. Ltd., against the present petitioners for dishonour of the
cheque and in the said complaint, the petitioners were wrongly declared as proclaimed persons by the trial Court and an FIR in respect of the same was ordered to be registered against the petitioners, whereupon the present FIR was registered. It is submitted that during pendency of the present case, the matter got amicably settled between the petitioners and complainantCompany and subsequent thereto, the authorized person, namely Prem Sharma, partner of the complainant-Company (M/s Nuova Proteins Pvt. Ltd.), suffered a statement before the Judicial Magistrate Ist Class, Karnal, not to pursue the Complaint No.312 of 2017 dated 13.02.2017 (Annexure P-1) and sought withdrawal of the same. On the basis of said statement, the Judicial Magistrate First Class, Karnal, granted permission to withdraw the said complaint vide its order dated 23.03.2021 (Annexure P-3). It is further submitted that once the complaint under Section 138/142 of the Negotiable Instruments Act has been withdrawn, the present FIR under Section 174-A of the Indian Penal Code deserves to be quashed.
Learned State counsel has submitted an affidavit dated 11.02.2023 of Mr. Mukesh Kumar, H.P.S., Deputy Superintendent of Police (HQ), Karnal, in Court today, which is taken on record, subject to all just exceptions. Learned State counsel, though opposes the plea of petitioners made in the present petition, however, he fairly concedes the fact that Complaint No.312 of 2017 dated 13.02.2017 stands withdrawn vide order dated 23.03.2021, passed by the Court of Judicial Magistrate Ist Class, Karnal.
I have heard learned counsel for the parties and have perused
) the paper book.
&
'
(
)*+,)+,*
-
.
&
!"
#$
%
"!
!"
# & "
'
( "
)
(
% * ) "
"
)
+++++++++ , "
" (
% -' !
.* / ! 0
1 2&
& 132 ,$ 4&5" 6"
,.
- !
7
&
13 2 % 1% 2 8 9
0 - !
7
:
132,$
) " "".
"&
%
"
. !"
34
$"
)
) *) ."(
( )
& " " !"
#$%
(
( (
"
) *)
.& .
"" & )
.
( ;" 5
&
%
& "
' )
!"
#$
% "!
!"
# & "
'
( "
& (
: /
-
.
!"!
#
&
( &
"
*
" !"
#$%
. " &
&. ("
. " (
) " &
" ( )& )*&' *)
"
)
"" ( ".
"
. " ) "
(
( (
" ) (
&
" "
"".
" & " " !"
#$%!
((
"
" $"" &
)
4
&
!"
#$%$ " !
0 ) &<
"
(& ) "
"
:
&
'
(
,0+))+))
$
%&'
(
& =! "&
" !"
34
$"
44 ( )
)
(
"" #
"
&
%
" "
"
) ( ( "
% 0 *)
(* "
"".
" & )
) (*&
) 88
4
!"
#$ % " !
> ( % &<
"
(1$ +#32
" "
.& (
=:
1 2"
3
4/
,05&
/ ( 3 "
6
"
,789,5)
:
"
1
/
; ;
1
6 3
3
"
,789,5)
:
"
1
/
1 1
1
"
,05&
/ (
1 1
( In the present case, it is not in dispute that the complainantCompany had filed a complaint under Section 138/142 of the Negotiable Instruments Act for dishonour of cheque and it is in the said proceedings that the petitioners were declared as proclaimed persons by the trial Court and as a consequential action thereof, the present FIR No.139 dated 17.03.2021 (Annexure P-2), was registered under Section 174-A of the Indian Penal Code, at Police Station Civil Lines, District Karnal. Thereafter, the matter was compromised between the parties and complainant had withdrawn the complaint under Section 138/142 of the Negotiable Instruments Act as per order dated 23.03.2021 (Annexure P-3), which is reproduced hereinbelow:- - ?!
$00 &" ".
( .& *) * # 8
( , <
"
@!
;&0 5 !. & ;" 5
%
" . * +.
.
$
"
" )
) " ( "*.
"#. (
%.
.
( ".
. )
"" ) "
)
".
. . ' (
)
) 70 *)
(*
/ ".
".
(
)
) (" ". ".
" ( ("'
" " " " % 17 ! < ? 3 3
;" 5
%
0 A<7# 1<2:
Thus, after the withdrawal of proceedings under Section 138/142 of the Negotiable Instruments Act on the basis of amicable settlement, continuation of proceedings under Section 174-A of the Indian Penal Code shall be an abuse of process of law. Keeping in view the aforementioned facts and circumstances, as well as the authorities of law referred to above, the present petition is allowed and FIR No.139 dated 17.03.2021 (Annexure P-2), under Section 174-A IPC, registered at Police Station Civil Lines, District Karnal is quashed qua the petitioners, subject to payment of Rs.5,000/-, as cost, by the petitioners to be deposited with the "Punjab and Haryana High Court Bar Association Lawyers' Family Welfare Fund", Account No.41564846387, S.B.I. High Court Branch.
Present petition is disposed of in the aforesaid terms.
" < =
( ( ) -, .
$ * ,>
!"9 ?
9:
)>
1
?
9: