Punjab-Haryana High Court
Khyali Ram vs State Of Haryana And Another on 19 December, 2023
Neutral Citation No:=2023:PHHC:163079
1
CRM-M No.63196 of 2023 (O&M) 2023:PHHC:163079
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
126
CRM-M No.63196 of 2023 (O&M)
Date of Decision: 19.12.2023
KHYALI RAM ......Petitioner
Vs
STATE OF HARYANA AND ANOTHER ....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Daljeet Singh Virk, Advocate
for the petitioner.
****
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.0696 dated 01.09.2023 registered under Section
174-A IPC at Police Station Civil Lines Sirsa, Sirsa (Annexure P-3) along with all
subsequent proceedings arising thereform.
[2]. Briefly stating, petitioner was summoned under Section 138 of the
Negotiable Instruments Act, 1881 (hereinafter to be referred as 'the N.I. Act') in
the complaint filed at the instance of the complainant. On account of non-
appearance of petitioner, proceedings under Section 82 Cr.P.C. were ordered
against petitioner and as a consequence thereof, he was declared as proclaimed
person vide order dated 24.08.2023 passed by the Judicial Magistrate Ist Class,
Sirsa, followed by registration of FIR No.0696 dated 01.09.2023 under Section
174-A IPC against him.
[3]. Impugning the aforementioned order dated 24.08.2023 as well as FIR
No.0696 dated 01.09.2023, learned counsel for the petitioner submits that
1 of 3
Neutral Citation No:=2023:PHHC:163079
CRM-M No.63196 of 2023 (O&M) 2023:PHHC:163079
petitioner never received any summons from the Trial Court and ultimately the
proclamation under Section 82(1) Cr.P.C. was issued against him. He further
points out that 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 of the N.I.
Act, was withdrawn by complainant and complaint file was ordered to be
consigned to record room, vide order dated 15.11.2023 passed by the Judicial
Magistrate First Class, Sirsa.
[4]. Learned counsel further submits that once the main proceedings under
Section 138 of the N.I. Act 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".
[5]. Notice of motion to respondent No.1/State only. No notice is required
to be issued to respondent No.2 as he is left with no grievance, thereby no
prejudice caused to him. The matter is now between the Court and petitioner only.
[6]. On asking of the Court, Mr. Krishan K. Chahal, Addl. A.G., Haryana
accepts notice on behalf of respondent No.1. Learned counsel opposes the prayer
made on behalf of petitioner while submitting that he was having knowledge of
pendency of proceedings under Section 138 of the N.I. Act as well as summoning
order, but he deliberately chose not to appear before the Trial Court resulting into
his declaration as proclaimed person followed by registration of FIR against him.
2 of 3
Neutral Citation No:=2023:PHHC:163079
CRM-M No.63196 of 2023 (O&M) 2023:PHHC:163079
[7]. 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.
[8]. 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).
[9]. In view of discussion made hereinabove, the present petition is
allowed. Consequently, the order dated 24.08.2023 passed by the Judicial
Magistrate Ist Class, Sirsa declaring petitioner as proclaimed person is set aside.
The FIR No.0696 dated 01.09.2023 registered under Section 174-A IPC at Police
Station Civil Line Sirsa, Sirsa along with all consequential proceedings arising
therefrom is also quashed.
(HARKESH MANUJA)
December 19, 2023 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2023:PHHC:163079
3 of 3
