Mukesh vs State Of Haryana
2022 Latest Caselaw 17191 P&H

CRM-M-59071-2022                                                         -1-

    IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                HARYANA AT CHANDIGARH

                                                        CRM-M-59071-2022
                                                 Date of decision: 19.12.2022


Mukesh                                                              ...Petitioner

                                        Versus

State of Haryana                                                   ...Respondent


CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:-    Mr. Mohit Sharma, Advocate
             for the petitioner.

ARVIND SINGH SANGWAN, J. (Oral)

Prayer in this petition is for quashing the FIR No. 0122 dated

23.03.2020, registered under Section 174-A IPC at Police Station Civil

Lines, Hisar along with all the subsequent proceedings arising therefrom,

including order dated 22.01.2020, vide which the petitioner was declared a

proclaimed person in the proceedings of a complaint filed under Section 138

of the Negotiable Instruments Act, 1881 (for short 'N. I. Act').

Brief facts of the case are that a complaint under Section 138 of

the N. I. Act was filed by complainant-State Bank of India, however, in the

said proceedings, the petitioner was never served and thereafter, vide

impugned order dated 22.01.2020, the petitioner was declared a proclaimed

person and a direction was issued for registration of an FIR under Section

174-A IPC against the petitioner.

Learned counsel for the petitioner further submits that

thereafter, the petitioner, on coming to know about the pendency of the

aforesaid proceedings, surrendered before the trial Court and he was granted

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the concession of regular bail, vide order dated 20.05.2020, passed by the

trial Court and thereafter, he was regularly appearing before the trial Court.

Learned counsel further submits that later on, a settlement took

place between the petitioner and complainant-Bank and in terms of the

same, the complaint, filed by the complainant-Bank, under Section 138 of

the N. I. Act, was dismissed as withdrawn on 19.01.2021. The order reads as

under:

"Today learned counsel for the complainant has made a separate statement that he has compromised the matter with the accused, therefore, he wants to withdraw the same. Heard. In view of the statement made by learned counsel for the complainant, the present complaint is hereby dismissed as withdrawn. File be consigned to record room after due compliance."

Learned counsel for the petitioner further submits that the main

complaint itself stands withdrawn, however, the petitioner is still facing trial

under the FIR in question, which is nothing but the misuse of process of

law.

Learned counsel for the petitioner has relied upon the decisions

rendered by this Court in Vikas Sharma vs. Gurpreet Singh Kohli and

another (supra), 2017, (3) L.A.R. 584, Microqual Techno Limited and

others Vs. State of Haryana and another, 2015 (32) RCR (Crl.) 790 and

Rajneesh Khanna Vs. State of Haryana and another" 2017(3) L.A.R. 555,

wherein, in an identical circumstance, this Court has held that since the

main petition filed under Section 138 of the N.I. Act stands withdrawn in

view of an amicable settlement between the parties, therefore, continuation

of proceedings under Section 174-A of IPC shall be nothing but an abuse of

the process of law.

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Notice of motion.

Mr. Himmat Singh, DAG, Haryana, who is present in Court,

accepts notice on behalf of the respondent-State and does not dispute the

factual position.

After hearing learned counsel for the parties and in view of the

judgment passed in Vikash Sharma (supra) case, considering the fact that

the complaint filed under Section 138 of the N. I. Act was dismissed as

withdrawn as the matter was amicably settled between the parties, this Court

is of the opinion that continuation of proceedings under Section 174-A IPC

shall be an abuse of process of law.

Accordingly, this petition is allowed and FIR No. 0122 dated

23.03.2020, registered under Section 174-A IPC at Police Station Civil

Lines, Hisar along with all the subsequent proceedings arising therefrom,

including order dated 22.01.2020, vide which the petitioner was declared a

proclaimed person, is hereby quashed.

19.12.2022                                      (ARVIND SINGH SANGWAN)
Waseem Ansari                                            JUDGE




                Whether speaking/reasoned                     Yes/No

                Whether reportable                            Yes/No




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