Punjab-Haryana High Court
Satyendra Singh Tomar And Anr vs State Of Haryana on 26 April, 2024
Neutral Citation No:=2024:PHHC:057468
CRM-M No.20351 of 2024 2024:PHHC:057468
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
121
CRM-M No.20351 of 2024
Date of Decision: 26.04.2024
SATYENDRA SINGH TOMAR AND ANR
......Petitioners
Vs
STATE OF HARYANA ....Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Kamal Kapoor, Advocate
for the petitioners.
****
HARKESH MANUJA, J. (Oral)
[1]. By way of present petition filed under Section 482 Cr.P.C., prayer has
been made for quashing of FIR No.1463 dated 14.12.2022 (Annexure P-3)
registered under Section 174-A IPC at Police Station Hisar Sadar, District Hisar
and order dated 01.12.2022 (Annexure P-2) passed by the Judicial Magistrate Ist
Class, Hisar, whereby the petitioners were declared as proclaimed persons.
[2]. Briefly stating, petitioners were 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 petitioners, proceedings under Section 82 Cr.P.C. were ordered
against them and as a consequence thereof, they were declared as proclaimed
persons vide order dated 01.12.2022 passed by the Judicial Magistrate Ist Class,
followed by registration of FIR No.1463 dated 14.12.2022 under Section 174-A
IPC against him.
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[3]. Impugning the aforementioned order dated 01.12.2022 as well as FIR
No.1463 dated 14.12.2022, learned counsel for the petitioners submits that the
complainant had mentioned wrong address of the petitioners, therefore, the
summons could not served upon them and ultimately the proclamation under
Section 82(1) Cr.P.C. was issued against them. He further points out that later, a
settlement came to be arrived at between the parties as petitioners discharged their
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pursuance thereof, the complaint under Section 138 of the N.I. Act, was withdrawn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 08.11.2023 passed by the Judicial Magistrate Ist Class, Hisar.
Learned counsel for the petitioner also volunteers to provide one wheelchair to the
Govt. Civil Hospital, Hisar so as further the public cause.
[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.
[5]. Upon advance notice, Mr. Chetan Sharma, D.A.G., Haryana appears
on behalf of the respondent/State. He opposes the prayer made on behalf of
petitioners while submitting that they were having knowledge of pendency of
proceedings under Section 138 of the N.I. Act as well as summoning order, but
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they deliberately chose not to appear before the Trial Court resulting into their
declaration as proclaimed persons followed by registration of FIR against them.
[6]. 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 petitioners.
[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 petitioners
is fully covered with the judgments passed by this Court in Satish Kumar and Ram
Kumar Rana's cases (supra).
[8]. In view of discussion made hereinabove, the present petition is
allowed, subject to providing one Wheelchair to the Govt. Civil Hospital, Hisar,
within a period of two weeks from today as volunteered by the petitioners against
due receipt issued by the concerned Civil Surgeon. A copy of the receipt shall also
placed before the concerned Trial Court. Consequently, the order dated 01.12.2022
passed by the Judicial Magistrate Ist Class, Hisar declaring petitioners as
proclaimed persons is set aside. The FIR No.1463 dated 14.12.2022 registered
under Section 174-A IPC at Police Station Hisar Sadar, District Hisar along with
all consequential proceedings arising therefrom is also quashed.
(HARKESH MANUJA)
April 26, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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