Manbir Singh Alias Manvir Singh v. State Of Haryana And Another

CRM-M No. 64578 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. 64578 of 2024 Date of Decision: 20.12.2024 Manbir Singh @ Manvir Singh ...PeƟƟoner

Versus

State of Haryana and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. K.S. Virk, Advocate for the peƟƟoner.

Mr. Vikrant Pamboo, Sr. D.A.G., Haryana (through V.C.). Ms. Payal Sharma, Advocate for respondent No.2.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons 20.10.2022 Sadar Sirsa, District Sirsa 174-A IPC Seeking quashing of order dated 12.10.2022 and consequent aforesaid FIR, the accused has come up before this court under SecƟon 528 BNSS, 2023. 2.

AŌer dishonour of cheque handed over to Rai Singh by the peƟƟoner, he had filed a complaint against the peƟƟoner under secƟon 138 of NegoƟable Instruments Act, 1881.

3.

The accused-peƟƟoner could not be served through the ordinary process, including summons, bailable warrants, and even non-bailable warrants. The concerned court finally proceeded against the peƟƟoner under secƟon 82 of CrPC and declared the peƟƟoner a proclaimed person vide order dated 12.10.2022. 4.

AŌer issuance of proclamaƟon, the maƩer was seƩled between the parƟes. The factum of compromise was recorded by Ld. Trial Court in its order dated 03.10.2024. Vide order dated 03.10.2024, the complaint was dismissed as withdrawn and the order of proclamaƟon was recalled.

Jyoti Sharma 2024.12.20 17:49 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRM-M No. 64578 of 2024 5.

In paragraph 7 of the peƟƟon, the peƟƟoner explains that he was arrested in another case and was produced before the trial Court where he came to know about the pendency of the present case. In the case's factual background, I am saƟsfied with the explanaƟon offered. The primary maƩer stands dismissed as withdrawn; there is no jusƟficaƟon for conƟnuing the ancillary proceedings under secƟon 174-A IPC. 6.

Consequently, in the facts and circumstances peculiar to this case, the peƟƟon is allowed, the impugned order and consequent above capƟoned FIR (Annexure P-4) and all consequenƟal proceedings arising therefrom are quashed. Bail bonds/surety bonds, if any stands discharged.

PeƟƟon allowed. All pending applicaƟons, if any, stand closed. (ANOOP CHITKARA) JUDGE 20.12.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.12.20 17:49 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh