Punjab-Haryana High Court
Parveen Kumar vs State Of Haryana And Another on 8 December, 2023
Neutral Citation No:=2023:PHHC:157604
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CRM-M No.35786 of 2023 (O&M) 2023:PHHC:157604
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
230
CRM-M No.35786 of 2023 (O&M)
Date of Decision: 08.12.2023
PARVEEN KUMAR ......Petitioner
Vs
STATE OF HARYANA AND ANOTHER
....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Pankaj Bali, Advocate
for the petitioner.
Mr. Viney Phogat, D.A.G., Haryana.
Mr. Sikandh Mehta, Advocate
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
[1]. By way of present petition under Section 482 Cr.P.C., prayer has been
made for quashing of FIR No.946, dated 12.12.2022, registered under Section
174-A IPC at Police Station Hansi City, District Hisar (Annexure P-1) along with
all subsequent proceedings arising therefrom qua the petitioner.
[2]. Briefly stating, on account of dishonour of cheque amounting to
Rs.10,00,000/- (Rupee Ten Lakhs only), petitioner was arrayed as an accused in a
complaint filed under Section 138/142 of the Negotiable Instruments Act, 1881
(hereinafter to be referred as 'the N.I. Act') wherein, he was summoned vide order
dated 05.03.2020 passed by the Sub-Divisional Judicial Magistrate, Hansi. Since,
the petitioner was never served, therefore, he could not appear before the court,
resulting into his declaration as proclaimed person vide order dated 01.12.2022
passed by the Judicial Magistrate Ist Class, Hansi. Accordingly, FIR in question,
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CRM-M No.35786 of 2023 (O&M) 2023:PHHC:157604
was registered against the petitioner under Section 174-A IPC. Later, a settlement
came to be arrived at between the parties as petitioner discharged his liability by
paying the entire cheque amount in favour of complainant and in pursuance
thereof, the complaint under Section 138/142 of the 1881 Act, was withdrawn by
complainant and complaint file was ordered to be consigned to the record room,
vide order dated 17.12.2022 passed by the Presiding Officer, Daily Lok Adalat,
Hansi. Moreover, a compromise dated 19.07.2023 entered into between the parties
has also been attached with the petition as Annexure P-5.
[3]. Learned counsel for the petitioner submits that once the main
proceedings under Section 138 of the N.I. Act have already come to an end, no
useful purpose is going to be served by continuing with the proceedings arising out
of the FIR in question. In support, he relies upon judgments of this Court, passed in
CRM-M No.16449 of 2018 titled as "Satish Kumar vs. State of Haryana and
another" and CRM-M No.30911 of 2021, titled as "Ram Kumar Rana vs. State
of Haryana and another".
[4]. Learned counsel for respondent No.2 also admits the factum of
compromise between the parties and withdrawal of complaint under Section 138 of
the N.I. Act by the complainant on having received the entire cheque amount in
question.
[5]. On the other hand, learned State counsel submits that the non-
appearance of the petitioner before the Judicial Magistrate Ist Class, Hansi in
pursuance to summoning order was intentional, with a purpose to delay the
proceedings.
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[6]. I have heard learned counsel for the parties and gone through the
paper book. I find substance in the submissions made by learned counsel for the
petitioner.
[7]. Once, the complaint under Section 138 of the 1881 Act, already
stands withdrawn by complainant on having received the entire cheque amount in
dispute, no useful purpose is going to be served by carrying on with the
proceedings arising out of the present FIR. Even otherwise, the case of petitioner is
fully covered with the judgments passed by this Court in Satish Kumar and Ram
Kumar Rana's cases (supra).
[8]. Accordingly, the petition is allowed. FIR No.946, dated 12.12.2022,
registered under Section 174-A IPC at Police Station Hansi City, District Hisar
(Annexure P-1) along with all subsequent proceedings arising therefrom qua the
petitioner is hereby quashed.
[9]. The aforesaid order is however subject to payment of cost(s) of
Rs.10,000/- to be deposited by the petitioner with the Punjab and Haryana High Court
Association Bar Association Diagnostic Centre, Chandigarh having Account
No.41564846387 with State Bank of India, High Court Branch (IFSC-SBIN0050306),
Chandigarh, within a period of two weeks from today.
[10]. All pending application(s), if any, shall stand disposed of.
(HARKESH MANUJA)
December 08, 2023 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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