Punjab-Haryana High Court
Rajiv Kumar vs State Of Haryana on 2 April, 2024
Neutral Citation No:=2024:PHHC:044365
2024:PHHC:044365
CRM-M-15902-2024 --1--
121 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-15902-2024
Decided on:-02.04.2024
Rajiv Kumar ...Petitioner.
Vs.
State of Haryana and another ...Respondents..
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Parveen Kumar, Advocate,
for the petitioner.
*****
HARKESH MANUJA, J. (Oral)
1. By way of present petition filed under Section 482 Cr.P.C., prayer
has been made for quashing the order dated 16.07.2021 (Annexure P-2)
passed by the Court of Judicial Magistrate Ist Class, Karnal, declaring the
petitioner as proclaimed person as well as FIR No.244, dated 03.06.2022,
registered under Section 174-A IPC, at Police Station Kunjpura, District
Karnal (Annexure P-3) along with all subsequent proceedings arising
therefrom.
2. Briefly stating, in the present case, the petitioner was arrayed as an
accused in a complaint under Section 138 and 142 of the Negotiable
Instruments Act, 1881 (for short, "1881 Act") wherein, he was summoned
by the trial Court. Since, the petitioner could not appear before the court,
resulting into his declaration as proclaimed person vide order dated
16.07.2021, followed by registration of the aforementioned FIR against him
under Section 174-A IPC.
Later, a settlement came to be arrived at between the parties as the
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Neutral Citation No:=2024:PHHC:044365
2024:PHHC:044365
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petitioner discharged his liability by paying the entire outstanding amount in
favour of complainant and in pursuance thereof, the complaint under
Sections 138 and 142 of the 1881 Act, was withdrawn by complainant and
complaint file was ordered to be consigned to the record room, vide order
dated 21.02.2024 (Annexure P-4) passed by the court of learned Judicial
Magistrate Ist Class, Karnal.
3. Learned counsel for the petitioner submits that once the main
proceedings under Sections 138 and 142 of the 1881 Act have already come
to an end, no useful purpose would be served by continuing with the
proceedings arising out of the FIR in question. In support, he relies upon
judgment of this Court, passed in CRM-M-59270-2022, titled as "Sanjeev
Kumar vs. State of Haryana" decided on 19.12.2022.
4. Notice of motion.
5. Mr. Chetan Sharma, DAG, Haryana, who is present in Court
accepts notice on behalf of the respondent-State and opposes the prayer
made on behalf of the petitioner while submitting that the non-appearance of
the petitioner before the court of learned Judicial Magistrate Ist Class,
Karnal in pursuance of summoning order was intentional, with a purpose to
delay the proceedings.
6. Mr. Rajesh Kumar Sawariya, Advocate has appeared on behalf of
respondent No.2 and files his power of attorney. He accepted the factum of
compromise and raises no objection in this regard.
7. I have heard learned counsel for the parties and gone through the
paper book.
8. Once, the complaint under Sections 138 & 142 of the 1881 Act,
already stands withdrawn by the complainant on having received the entire
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outstanding amount, 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 the petitioner is fully covered with the judgment passed by this Court in
Sanjeev Kumar's case (supra).
9. Accordingly, the petition is allowed. Order dated 16.07.2021,
declaring the petitioner as proclaimed person as well as FIR No. 244, dated
03.06.2022, under Section 174-A IPC, registered at Police Station Kunjpura,
District Karnal and all other subsequent proceedings arising therefrom are
ordered to be quashed qua the petitioner.
02.04.2024 (HARKESH MANUJA)
sonika JUDGE
whether speaking/reasoned: Yes/No
whether reportable: Yes/No
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