High Court of Punjab and HaryanaCRM-M/50171/2019disposed of

Kamal Kishore v. State Of Haryana And Another

2022-12-06Mr. Justice Harsh Bunger5 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(O&M) Date of Decision: 06.12.2022

....Petitioner

Versus

...Respondent

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Arjun Singhrai, Advocate for Mr. Kunal Dawar, 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.348 dated 12.07.2018 registered under Section 174-A of the Indian Penal Code, 1860 (Annexure P-1) at Police Station Sadar Ballabgarh, District Faridabad, Haryana 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 Ajit Singh (respondent No.2) against the present petitioner for dishonour of the cheque amounting to Rs.1,00,000/- and in the said proceedings, the petitioner was never served in accordance with law and was illegally declared as proclaimed person vide order dated 19.05.2018 (Annexure P-4) and an intimation was sent to concerned SHO by the Judicial Magistrate First Class, Faridabad with the direction 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, the petitioner immediately approached respondent No.2/complainant and settled the matter with him. Pursuant to the compromise, respondent No.2/complainant moved an application for withdrawal of the complaint on 08.11.2018 and such the said complaint bearing No.NACT/3192 of 2017 was dismissed as withdrawn, vide order dated 08.11.2019 (Annexure P-5) as the matter was compromised. It is further submitted that once the complaint under Section 138 of the Negotiable Instruments Act has been withdrawn, the present FIR under Section 174-A deserves to be quashed.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

, 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 19.05.2018 (Annexure P-4) passed by Judicial Magistrate First Class, Faridabad. Hence, the present petition may be dismissed.

I have heard the learned counsel for the parties and have perused the paper book.

A co-ordinate Bench of 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:-

" !

# & "

( "

)

(

% *) "

)

+,,,,,,,, - "

(

% .' !

/* 0 ! 1

2 3&

&243-$ 5&6" 7"

24 3%2% 39 :

1 .

;

243-$

) " ""/

/ !"

)

) *) /"(

/ ( )

& " " !"

$ %

(

( (

) *)

/& /

"" & )

(<" 6

& "

' )

% "!

# & "

( "

& (

; !"##"$!%

&"'(#"$!))*+, - *-,./ #!0"$!$"12 ( &

* /

" !"

/ " &

&/ ("

/ " ( /

) " &

" ( )& )*& ' *)

)

"" ( "/

/ " ) "

(

( (

" ) (

" "

""/

" & "

" !"

$%!

((

" $"" &

)

$ % $ " !

1 ) &=

(& ) " "

; (#0" (2($#" 3" 0(4#0! -(# !"5" - 22+62)##"$!% &

$" $"$(/)) 0!0"$!$"12

-+- >! "&

" !"

( )

)

(

"" #

" "

) ( ( "

% 1 *)

(* "

""/

" & )

) (*&

) 99

#$%

? ( % &=

(2$ ,#43

" "

/& (

'"!(4#0"5(7""4""$8$"#!9($4"!##0# 90"" $"!" #(/+2(4$:"-($"9!"!#""$ (!";"#'($" #((4#0" !"$#0"'( ""$!$"" #( .(4#0""(#5"!#"#! #!%'( "$'"!(& #0"'( !5!";"#9#0$9(4'( ""$!$"" #(.(4#0""(#5" !#"#! #(#0"5!!(4 5"!"##""# #0!5""(5!"7"$ #0##0" (##((4'( ""$!$"" #(/+2:-!05" 5!"(4#0"'( "!!(4 (# In the present case, it is not in dispute that respondent No.2/complainant had filed complaint under Section 138 of the Act of 1881 for dishonour of cheque No.316370 dated 21.03.2017 amounting to Rs.1,00,000/- and it is in the said proceedings that the order dated 19.05.

2018 (Annexure P-4) was passed vide which the petitioner was declared as proclaimed person and intimation was sent to SHO concerned, whereupon the present FIR No.348 dated 12.07.2018 was registered under Section 174-A of the Indian Penal Code, 1860 (Annexure P-1) at Police Station Sadar Ballabgarh, District Faridabad, Haryana. Thereafter, the matter was compromised between the parties and respondent No.2/complainant had withdrawn the complaint under Section 138 of the Act of 1881 as per order dated 08.11.

-<- hereinbelow:- %:"!"#1 -('#9#00=-00 $7( #" 4" 4( #0" " ($ (( " "7"$ 0$ ! $" #"$#("!#("#0"4"##!(5" ##0!!#"

('#8#0!44""$!##""# #0#0! ('(!"0!5"""44" #"$9#0#0" !"$!'" 0";"( 6/)$#))/ ##"3>(4$ 3 0-09-(( "

0!" "7"$#0" 0";"(4 !.6 )))?207(@.66$#).)@

!!"$ 5 3 350 3 0 (#0! 5 #(9$! #0" !"$ ( 0" 9#0$9! #0" '"!"# ('# $ ('# 5" (!"$#(" ($! "$7"9(4#0"!##""#!44""$5 #0"

('# #0" '"!"# ('# !#$! !"$! ;##"$(4#0" 0"!"7""$!#035($!$ !"# 5($(4 !"$!#$!$! 0"$"(4!"# 5"!($""#"$ 4(#0"-"5" (!"$#(" ($((4#"$" (' " #"(4 $"1)@22).

:# #"('0" *"", =$ !##"2!#-!!

A( ))+6.& 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.348 dated 12.07.2018 registered under Section 174-A of the Indian Penal Code, 1860 (Annexure P-1) at Police Station Sadar Ballabgarh, District Faridabad, Haryana 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