Punjab-Haryana High Court
Kanchan vs State Of Haryana on 11 April, 2023
Neutral Citation No:=2023:PHHC:049196
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IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-16108-2023
Date of Decision:-11.04.2023
Kanchan.
......Petitioner.
Vs.
State of Haryana.
......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI
Present:- Mr. Raghav Sharma, Advocate for the Petitioner.
Mr. Kanwar Sanjiv Kumar, Assistant Advocate General,
Haryana.
***
JASJIT SINGH BEDI, J.(ORAL)
This is a petition under Section 482 of Cr.P.C. for quashing of
the order dated 29.03.2022 (Annexure P-1) passed by the Sub Divisional
Judicial Magistrate, Shahabad whereby the petitioner has been declared a
proclaimed person in complaint case under Section 138 of the Negotiable
Instruments, 1881 bearing No.CNR-HRKUB1-000437/2020
NACT/190/2020 titled as "Gurnam Singh Chahal Versus Keshav Yog", FIR
No.1001 dated 02.12.2022 registered under Section 174-A IPC at Police
Station Shahabad (Annexure P-2) and all the subsequent proceedings arising
therefrom.
The brief facts of the case are that in discharge of his legal
liability, the petitioner/accused issued a cheque for amount of Rs.4,00,000/-
dated 15.06.2020 in favour of respondent No.2-complainanat. The said
cheque came to be dishonoured. Pursuant thereto, as no payment was made
in lieu of the dishonoured cheque, a complaint under Section 138 of
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Negotiable Instruments Act came to be instituted against the
petitioner/accused and he was summoned to face trial. Subsequently, he was
declared a proclaimed person vide order dated 29.03.2022 (Annexure P-1)
Pursuant to the said order, FIR No.1001 dated 02.12.2022 (Annexure P-2)
came to be registered under Section 174-A of IPC at Police Station Shahbad
against him.
Thereafter, a compromise was effected between the parties and
the complaint was ordered to be dismissed as withdrawn in terms of the
order dated 27.02.2023 (Annexure P-4). In view of the dismissal of the
complaint under Section 138 of Negotiable Instruments Act on the basis of
the compromise, the present petition has been filed for quashing of the
aforesaid order dated 29.03.2022 (Annexure P-1) passed by the Sub
Divisional Judicial Magistrate, Shahbad and the consequential FIR
(Annexure P-2).
The learned counsel for the petitioner/accused submits that he
had wrongly been declared a proclaimed person and on learning about the
same, the petitioner compromised the matter with the complainant.
Thereafter, on 27.02.2023, the counsel for the complainant in the Trial Court
got recorded his statement that as per his instructions, the complainant did
not want to proceed further with the present complaint and wanted to
withdraw the same. Based on the said statement, the complaint was ordered
to be dismissed as withdrawn on 27.03.2023 (P-4).
The learned State counsel has opposed the present petition and
has submitted that the petitioner has rightly been declared a proclaimed
offender.
This Court has heard the learned counsel for the parties and has
perused the paper-book.
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From the above-said facts and circumstances, it is apparent that
the present FIR was registered in view of the fact that the petitioner was
declared as a proclaimed person in the proceeding under the Negotiable
Instruments Act, 1881. The impugned complaint itself has been withdrawn.
A co-ordinate Bench of this Court in CRM-M-43813-2018
titled as "Baldev Chand Bansal vs. State of Haryana and another",
decided on 29.01.2019 has held as under:-
"Prayer in this petition is for quashing of FIR No.64 dated
15.02.2017 filed under Section 174-A of the Indian Penal Code
registered at Police Station Sector-5, Panchkula and all other
subsequent proceedings arising thereof as well as order dated
24.10.2016 passed by the trial Court vide which a direction was
issued to register the aforesaid FIR.
xxx xxx xxx
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 Act stands
withdrawn in view of an amicable settlement between the
parties, therefore, continuation of proceedings under Section
174A of IPC shall be nothing but an abuse of the process of law.
xxx xxx xxx
In view of the same, I find merit in the present petition and
accordingly, present petition is allowed and the impugned order
dated 24.10.2016 passed by Judicial Magistrate, 1st Class,
Panchkula as well as FIR No.64 dated 15.02.2017 registered
under Section 174-A of the Indian Penal Code at Police Station
Sector-5, Panchkula and all other subsequent proceedings
arising thereof, are hereby quashed."
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A perusal of the above judgment would show that in a similar
case where the FIR had been registered under Section 174-A IPC in view of
the order passed in proceedings under Section 138 of the Act, while
declaring the petitioner therein as a proclaimed offender, a co-ordinate
Bench after relying upon various judgments observed that once the main
petition under Section 138 of the Act stands withdrawn in view of an
amicable settlement between the parties, the continuation of proceedings
under Section 174-A IPC is nothing but an abuse of the process of law. The
said aspect was one of the main considerations for allowing the petition and
setting aside the order declaring the petitioner therein as a proclaimed person
as well as quashing of the FIRs under Section 174-A IPC.
Another co-ordinate Bench of this Court in a case titled as
"Ashok Madan vs. State of Haryana and another" reported as 2020(4)
RCR (Criminal) 87 has also held as under:-
"No doubt, the learned counsel for the respondent has
vehemently argued that the offence under Section 174A I.P.C. is
independent of the main case, therefore, merely because the
main case has been dismissed for want of prosecution, the
present petition cannot be allowed, however, keeping in view the
fact that the present FIR was registered only on account of
absence from the proceedings in the main case which had been
subsequently regularised by the court while granting bail to the
petitioner, the default stood condoned. In such circumstances,
continuation of proceedings under Section 174A I.P.C. Shall be
abuse of the process of court.
7. Accordingly, the petition is allowed. FIR No.446 dated
21.08.2017, registered under Section 174A I.P.C. At Police
Station Kotwali, District Faridabad, as well as consequential
proceedings shall stand quashed."
A perusal of the relevant extract of the above judgment would
show that where the main case was dismissed for want of prosecution, it was
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observed that the continuation of proceedings under Section 174-A IPC shall
be an abuse of the process of court. A similar view has been expressed by
this Court in "Anil Kumar Versus Jitender Kumar and another, CRM-M-
5878-2022 decided on 06.04.2022", "Anil Kumar Versus Jitender Kumar and
another, CRM-M-5755-2022 decided on 06.04.2022" and "Varinder Kumar
@ Virender Kumar Versus State of Haryana and another, CRM-M-42551-
2021 decided on 19.04.2022".
In the present case the proceedings under the Negotiable
Instruments Act have culminated in a settlement with the withdrawal of the
complaint. Therefore, no purpose shall be served by allowing the instant
proceedings to continue.
In view of the above, the present petition is allowed and the
order dated 29.03.2022 (Annexure P-1) passed by the Sub Divisional
Judicial Magistrate, Shahbad whereby the petitioner has been declared a
proclaimed person in complaint case under Section 138 of the Negotiable
Instruments, 1881 bearing No.CNR-HRKUB1-000437/2020
NACT/190/2020 titled as "Gurnam Singh Chahal Versus Keshav Yog", FIR
No.1001 dated 02.12.2022 registered under Section 174-A IPC at Police
Station Shahabad (Annexure P-2) along with all subsequent proceedings
arising therefrom are hereby quashed.
( JASJIT SINGH BEDI )
JUDGE
April 11, 2023
Vinay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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