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High Court of Punjab and HaryanaCRM-M/60057/2024disposed of

Raj Kumar v. State Of Haryana And Another

2024-12-02Mr. Justice Anoop Chitkara2 pages

  CRM-M-60057-2024

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-60057-2024 Decided on: 02.12.2024 Raj Kumar ......Petitioner Vs.

State of Haryana and another ......Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Himanshu Joshi, Advocate for the petitioner.

Mr. Vikrant Pamboo, Sr. DAG, Haryana (Through VC). *** ANOOP CHITKARA J.

FIR No.

Dated Police Station Sections 31.07.2022 Narwana, Distt. Jind 174-A IPC Seeking quashing of FIR mentioned above, the accused has come up before this court under Section 528 BNSS.

2.

After dishonor of the cheque handed over by the petitioner to the respondent, respondent filed a complaint against the petitioner under section 138 of the Negotiable Instruments Act, 1881.

3.

The accused could not be served through the ordinary process, including summons, bailable warrants, and non-bailable warrants The concerned court finally proceeded against the petitioner under section 82 of CrPC, declaring the petitioner a proclaimed person and ordering the registration of an FIR. Based on such a complaint, the police registered the above-mentioned FIR against the petitioner. 4.

After the proclamation was issued, the parties settled the matter. The trial Court recorded the factum of compromise and vide order dated 27.09.2024 passed by SDJM, Narwana, complaint was dismissed as withdrawn. 5.

In paragraph 3 of the petition, the petitioner explains that due to non-receiving of ANJU RANI 2024.12.05 19:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh 

  CRM-M-60057-2024 summons, he could not appear. I am satisfied with the explanation offered in the case's factual background. The primary matter stands dismissed as withdrawn; there is no justification for continuing the ancillary proceedings under section 174-A IPC. Consequently, in the facts and circumstances peculiar to this case, the petition is allowed and the FIR mentioned above, is quashed. All pending warrants stand canceled, and further proceedings quashed.

Petition allowed. All pending applications, if any, stand closed. (ANOOP CHITKARA) JUDGE 02.12.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2024.12.05 19:46 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh