Punjab-Haryana High Court
Pawan Kumar vs State Of Haryana on 12 December, 2023
Neutral Citation No:=2023:PHHC:160546
2023:PHHC:160546
CRM-M-42178-2023 --1--
206 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-42178-2023
Date of Decision: 12.12.2023
Pawan Kumar .....Petitioner
Versus
State of Haryana .....Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Lalit Kumar Narang, Advocate,
for the petitioner.
Mr. Viney Phogat, DAG, Haryana.
***
HARKESH MANUJA, J.
1. By way of present petition filed under Section 482 Cr.P.C.,
prayer has been made for seeking quashing of order dated 15.10.2019 passed
by the Court of Judicial Magistrate Ist Class, Bhiwani, whereby, the
petitioner was declared as proclaimed person, besides, registration of FIR
No.413, dated 21.11.2019, under Section 174-A IPC, Police Station Bhiwani
Civil Lines, District Bhiwani.
2. Briefly stated, on account of dishonour of cheque bearing
No.004452 dated 15.05.2017, a complaint bearing No.COMA-782 of 2017,
under Section 138 of the Negotiable Instruments Act, 1881 (for short, "1881
Act"), titled as "Hari Kishan Goyal vs. Pawan Kumar" came to be filed at
the instance of complainant, wherein, the petitioner was summoned. Later,
on account of his non-appearance, the petitioner was declared as proclaimed
person vide order dated 15.10.2019, followed by registration of FIR under
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Section 174-A IPC against him. Later, a settlement came to be arrived at
between the parties as the petitioner discharged his liability by paying the
entire cheque amount in favour of complainant and in pursuance thereof, the
complaint under Section 138 of the 1881 Act, was withdrawn by
complainant and complaint file was ordered to be consigned to the record
room, vide order dated 28.07.2021 passed by the court of learned Judicial
Magistrate Ist Class, Bhiwani.
3. Learned counsel for the petitioner submits that once the main
proceedings under Section 138 of the Act, 1881 have already come to an end
and petitioner already stands acquitted, no useful purpose is going to be
served by continuing with the proceedings arising out of the FIR in question.
In support, learned counsel for the petitioner relies upon judgments of this
Court, passed in CRM-M-16449-2018, titled as "Satish Kumar vs. State of
Haryana and another" and CRM-M-30911-2021, titled as "Ram Kumar
Rana vs. State of Haryana and another".
4. On the other hand, learned State counsel opposes the prayer
made in the petition while submitting that the non-appearance of the
petitioner was deliberate attempt on his part to avoid the process of law.
5. I have heard learned counsel for the parties and gone through
the paper book. I find substance in the submissions made on behalf of the
petitioner.
6. 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
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of the petitioner is fully covered with the judgments passed by this Court in
Satish Kumar's case (supra) and Ram Kumar Rana's case (supra). Besides
it, the petitioner already stands acquitted in the complaint case under Section
138 of the 1881 Act.
7. In view of discussion made herein-above, the present petition is
allowed. Consequently, the impugned order dated 15.10.2019 passed by the
Judicial Magistrate Ist Class, Bhiwani declaring the petitioner as proclaimed
person is set aside. The FIR No.413 dated 21.11.2019 registered under
Section 174-A IPC at Police Station Bhiwani Civil Lines, District Bhiwani,
Haryana alongwith all consequential proceedings arising therefrom are also
quashed.
8. The aforesaid order is subject to payment of costs of Rs.5,000/-
to be deposited with the Punjab and Haryana High Court Bar Clerk's
Association, within a period of two weeks from the date of receipt of
certified copy of this order.
12.12.2023 (HARKESH MANUJA)
sonika JUDGE
Whether speaking/reasoned: yes/no
Whether reportable? yes/no
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