Manjot Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH DECIDED ON: 11.12.2025 MANJOT SINGH .....PETITIONER

VERSUS

STATE OF PUNJAB .....RESPONDENT

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH.

Present:

Mr. Kinshu Mittal, Advocate, and Mr. Amanpartap Singh, Advocate, for the petitioner.

Mr. Jasdeep Singh, Addl. AG, Punjab.

SANJAY VASHISTH , J (ORAL) 1.

Present petition, has been filed, under Section 528 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), for quashing of the order dated 10.04.2024 (Annexure P-3), passed by learned JMIC, Sunam, in complaint bearing NACT-10-2022 under section 138 of NI Act, titled as 'M/s Janta B.K.O. Kadiaal vs. Manjot Singh Proprietor Sahej Group', whereby petitioner has been declared as 'proclaimed offender', as well as FIR No.56 dated 26.05.2024 registered at Police Station Dirba, under section 174-A of IPC (Annexure P-4), as well as consequential proceedings arising therein.

2.

Primary contention raised by counsel for the petitioner is that dispute between the parties has been fully resolved, and the cheque amount in question has already been repaid. Consequently, complaint was ultimately settled before the Lok Adalat. In light of the above, there

is no justification for continuing the effect of the order dated 10.04.2024, whereby petitioner was declared a proclaimed person, or for maintaining the registration of FIR No.56 dated 26.05.2024 under Section 174-A of IPC.

3.

On hearing counsel for the petitioner, on 17.10.2025, following order was passed by this Court:- "1.

Instant petition, under Section 528 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), has been filed for quashing of the order dated 10.04.2024 (Annexure P-3), passed by learned JMIC, Sunam, in complaint bearing NACT-10-2022 under section 138 of NI Act, titled as 'M/s Janta B.K.O. Kadiaal vs. Manjot Singh Proprietor Sahej Group', whereby the petitioner has been declared as 'proclaimed offender'. Petitioner has also sought quashing of the FIR No.56 dated 26.05.2024, which has been registered at Police Station Dirba, under Section 174A of IPC, against him as a consequence of declaring him as proclaimed offender.

2.

Learned counsel for the petitioner submits that a criminal complaint, bearing NACT-102022 titled "M/s Janta B.K.O. Kadiaal vs. Manjot Singh Proprietor Sahej Group" was filed, pursuant to which petitioner was summoned, vide order dated 13.01.2022 (Annexure P-1). Since, petitioner failed to appear, a proclamation was issued against him, vide order dated 14.03.2024 (Annexure P-2), and subsequently, he was declared a proclaimed person, vide order dated 10.04.2024 (Annexure P-3). Intimation in this regard was sent to the concerned police station for registration of an FIR under Section 174-A of the Indian Penal Code (IPC).

In compliance with the order dated 10.04.2024, FIR No.56 dated 26.05.2024 was registered at Police Station Dirba, under Section 174A IPC against the petitioner. Upon becoming aware of these proceedings, petitioner paid the outstanding amount to complainant, who then made a statement before the trial Court in the complaint case, for withdrawing his said complaint. Accordingly, the said complaint was dismissed as withdrawn, vide order dated 08.03.2025 (Annexure P-6), passed by the Presiding Officer, National Lok Adalat-cum-JMIC, Sunam.

3.

Learned counsel for the petitioner further submits that since the complaint filed under Section 138 of the Negotiable Instruments Act has been dismissed as withdrawn, all consequent proceedings, including the order dated 10.04.2024, declaring the petitioner as a proclaimed person, as well as FIR registered thereafter, have become infructuous and deserve to be quashed.

4.

Notice of motion.

5.

Mr. Neeraj Madaan, Sr. DAG, Punjab, accepts notice on behalf of the respondent-State, and submits that in view of the latest judgment of Hon'ble the Apex Court, in the case of Daljit Singh vs. State of Haryana and another, 2025(1) RCR (Criminal) 406, the prayer made by the petitioner is not worth acceptable.

Faced with this situation, counsel for the petitioner prays for some time to make his further submissions after going through the said judgment of the Hon'ble Apex Court.

6.

Adjourned to 11.12.2025.

7.

Meanwhile, proceedings of FIR No.56 dated 26.05.2024, registered at Police Station Dirba, under Section 174-A of IPC, shall remain stayed, till further orders."

4.

Continuing the submissions, counsel for the petitioner relies upon the judgment passed by Hon'ble the Apex Court in the case of Daljit Singh vs. State of Haryana and Another, 2025 INSC 21, and submits that similar proposition was considered by Hon'ble the Apex Court, also, in which, money dispute was settled through repayment of the amount, and Hon'ble the Apex Court, accordingly, closed all the proceedings, observing that no purpose is served when the primary dispute or original offence no longer subsists. In this regard, Hon'ble Apex Court recorded in paragraph No.11 of its order dated 02.01.2025 passed in Daljit Singh (supra), which is reproduced here below:- "11.

The Appellant has been acquitted which means that there is no case for which his presence is required

to be secured. Resultantly, the appeal is allowed. In the attending facts and circumstances of the case, ie, that the original offence pertains to the year 2010; the money subject matter of dispute stands paid, the judgment of the High Court with the particulars as mentioned in paragraph 1 of this judgment, stands quashed and set aside. All criminal proceedings, inclusive of the FIR under Section 174A IPC, shall stand closed. The Appellant's status, as a 'proclaimed person' stands quashed."

6.

On the other hand, learned State counsel did not dispute any of the factual assertions made by counsel for the petitioner before this Court. He also concurred with the legal proposition laid down by Hon'ble the Apex Court in Daljit Singh (supra).

7.

In view of the submissions advanced by counsel for the petitioner, as recorded in the earlier order as well as today, and having regard to the judgment of Hon'ble Apex Court in the case of Daljit Singh (supra), this Court deems it appropriate to quash the proceedings in the present case.

8.

Consequently, impugned order dated 10.04.2024 (Annexure P-3), which had materialized in the form of the registration of FIR No.56 dated 26.05.2024 under Section 174-A of IPC, is hereby quashed, along with FIR No.56 dated 26.05.2024 (detailed here above). Accordingly, present petition is allowed.

(SANJAY VASHISTH) 11.12.2025 JUDGE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No