Punjab-Haryana High Court
Rajneesh Mishra vs State Of Haryana on 22 September, 2022
CRM-M-43802-2022 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.117 CRM-M-43802-2022
Date of decision : 22.9.2022
Rajneesh Mishra
.....Petitioner(s)
VERSUS
State of Haryana
..... Respondent(s)
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr.Abhishek Sharma, Advocate for the petitioner
AMAN CHAUDHARY, J.
The present petition under Section 482 Cr.P.C. has been filed
for quashing of FIR No.0848 dated 5.10.2017, registered under Section
174-A IPC at Police Station Suraj Kund, Faridabad, which has been
registered consequent to order dated 26.9.2017 passed by learned Judicial
Magistrate, 1st Class, Faridabad.
Learned counsel for the petitioner submits that the proceedings
under Section 138 of the Negotiable Instruments Act, 1881 were initiated
against the petitioner by filing a complaint instituted by complainant
Shoukeen on account of dishonor of cheque, on which the petitioner was
summoned to face the trial. Learned counsel for the petitioner further
submits that the case was fixed for appearance of the petitioner on
26.9.2017, on that date, he failed to appear and straightway non-bailable
warrants were issued against him.
Learned counsel for the petitioner draws the attention of this
Court to Annexure P-5, dated 1.3.2018, the statement of the complainant
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recorded before the JMIC, Faridabad, according to which, he had received
full and final payment from the accused-petitioner and as such no longer
wished to pursue the present complaint and sought permission to withdraw
the same. On the basis of the said statement, learned JMIC, Faridabad vide
order dated 1.3.2018, granted the permission to withdraw his complainant
filed against the present petitioner.
In support of his submissions, learned counsel places reliance
upon the following judgments of various co-ordinate Benches of this Court
to contend that in the similar set of facts and circumstances wherein the
complaint filed under Section 138 of the Negotiable Instruments Act, 1881,
itself stands withdrawn, the proceedings initiated under Section 174-A IPC
were quashed being an abuse of process of law:-
1. "Murli Jha vs State of Haryana", 2021(3) R.C.R.
(Criminal)563.
2. "Microqual Techno Limited and others vs State of
Haryana", 2015(3) R.C.R.(Criminal) 790.
3. "Ram Kumar Rana vs State of Haryana and
another", 2022(1) R.C.R. (Criminal) 294.
4. "Ashok Madan vs State of Haryana and another",
2020(4) R.C.R. (Criminal) 87.
Notice of motion.
At the asking of the Court, Mr. Gaurav Bansal, AAG,Haryana,
accepts notice on behalf of the respondent-State and affirms the factum of
compromise of the matter.
A co-ordinate Bench in Murli Jha's case (supra) held as
under:-
"8. I have considered the rival submissions of the parties.
The FIR is an outcome of the order declaring the
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petitioner as a proclaimed person in proceedings
initiated under section 138 of NI Act which stands
settled, the complaint has been withdrawn and the
proceedings against the accused petitioner were dropped.
In such circumstances, the continuation of prosecution
under Section 174-A IPC in pursuance to the orders
passed by the trial Court cannot be permitted to
continue. Reference in this connection may be made to
the judgments of this Court in Microqual Techno R.C.R.
(Criminal) 790; Rajneesh Khanna v. State of Haryana
and another, 2017 (3) L.A.R. 555 and CRM-M32612 of
2020, Surender Singh v. State of Haryana and another
decided on 12.01.2021. "
In view of the aforesaid facts and circumstances of the case that
the complaint filed under Section 138 of the Negotiable Instruments Act,
1881, itself having been withdrawn, based on statement of the complainant
that he had received full and final payment from the accused and in view of
the judgment in case of Murli Jha's case (supra), FIR No.0848 dated
5.10.2017, registered under Section 174-A IPC at Police Station Suraj
Kund, Faridabad, which has been registered consequent to order dated
26.9.2017 passed by learned Judicial Magistrate, 1st Class, Faridabad is
quashed, subject to payment of costs of Rs.10,000/- to be deposited with the
Punjab and Haryana High Court Bar Association Advocates Welfare Fund.
Disposed of.
22.9.2022 (AMAN CHAUDHARY)
gsv JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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