Punjab-Haryana High Court
Sandeep vs State Of Haryana And Another on 24 April, 2024
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2024:PHHC:055876
CRM-M-18787-2024 [1] 2024:PHHC:055876
131
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-18787-2024
Date of decision: 24.04.2024
Sandeep ...Petitioner
Versus
The State of Haryana and Another ...Respondents
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
Present: Mr. Vikas Singh, Advocate for the petitioner.
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KARAMJIT SINGH, J. (ORAL)
1. The present petition has been filed by petitioner seeking
quashing of order dated 07.05.2022 (Annexure P-1) whereby the petitioner
was declared as proclaimed person by the Court of Additional Sessions
Judge, Karnal in a criminal appeal having CRA-223/2020 titled Sandeep Vs.
Cholamandlam Investment and Finance Limited and FIR No. 337 dated
01.06.2022 (Annexure P-2) registered under Section 174-A IPC, Police
Station Civil Lines, Karnal.
2. Brief facts of the case are that respondent No.2 Cholamandlam
Investment and Finance Limited filed criminal complaint under Section 138
of NI Act against the petitioner wherein the petitioner was convicted and
sentenced to imprisonment vide judgment and order dated 3/4.03.2020.
Petitioner filed criminal appeal No.223/2020 against the said judgment and
order wherein he got absented and was declared proclaimed person vide
order dated 07.05.2022 (Annexure P-1) and consequently impugned FIR
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(Annexure P-2) was registered against the petitioner.
3. The counsel for the petitioner submits that the petitioner was
wrongly declared as proclaimed person by the appellate Court vide order
(Annexure P-1) without following the procedure provided under Section 82
Cr.P.C and as such the impugned order Annexure P-1 and FIR Annexure P-2
are not sustainable in law. It is further submitted that subsequently, parties
effected compromise and petitioner made payment of settled amount and
consequently, offence punishable under Section 138 NI Act was
compounded and petitioner was acquitted by the Court of Additional
Sessions Judge, Karnal vide judgment dated 02.01.2023 Annexure P-13. The
counsel for the petitioner further submits that as the main criminal appeal is
decided on the basis of compromise, the impugned order Annexure P-1 and
FIR Annexure P-2 are not sustainable and deserve to be quashed.
4. Notice of motion.
5. Mr. Neeraj Sheoran, DAG Haryana accepts notice on behalf of
State and submits that the present petition be disposed of in the light of
judgment Annexure P-13 dated 02.01.2023.
6. From the perusal of Annexures P-12 and P-13, it is apparent
that in the main criminal appeal No.223/2020 filed by the petitioner, the
matter was compromised and offence under Section 138 NI Act was
compounded and the petitioner was acquitted vide judgment dated
02.01.2023 Annexure P-13. Admittedly, impugned order Annexure P-1 and
FIR Annexure P-2 are offshoot of aforesaid criminal appeal which was
finally disposed of vide judgment Annexure P-13. In the given
circumstances, continuation of FIR Annexure P-2 will be just abuse of the
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process of Court.
7. In light of above, the present petition is allowed and impugned
order dated 07.05.2022 (Annexure P-1) and the impugned FIR No. 337
dated 01.06.2022 (Annexure P-2) registered under Section 174-A IPC,
Police Station Civil Lines, Karnal are hereby quashed.
24.04.2024 (KARAMJIT SINGH)
Yogesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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