Punjab-Haryana High Court
Rajinder Kumar Alias Raj Kumar vs State Of Haryana on 25 January, 2024
Neutral Citation No:=2024:PHHC:011198
CRM-M-62924 of 2023 (O&M) 1 2024:PHHC:011198
131
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM-M-62924 of 2023 (O&M)
Date of Decision: 25.01.2024
RAJENDER KUMAR ALIAS RAJ KUMAR
... Petitioner
Versus
STATE OF HARYANA AND ANOTHER
... Respondents
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY.
Present:- Mr. Manish Gilhotra, Advocate with
Mr. Mandeep Singh, Advocate for
Mr. Vishal Mittal, Advocate for the petitioner.
Mr. Surender Singh, AAG, Haryana.
*****
SANJIV BERRY, J. (ORAL)
CRM-891-2024
1. The instant application is for impleading Lovedeep Singh alias
Lovedeep as respondent No.2.
2. Application is allowed. Lovedeep Singh alias Lovedeep is
impleaded as respondent No.2. Registry to make necessary amendment in
Memo of Parties.
Main case
1. In compliance of the order dated 18.01.2024 passed by this
Court, learned counsel for the petitioner has placed on record the zimni
orders passed in the case. The same are taken on record.
2. The instant petition has been preferred by the petitioner under
Section 482 of the Code of Criminal Procedure for seeking quashing of the
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FIR No.1003 dated 09.11.2022 registered under Section 174-A at Police
Station Sirsa City, District Sirsa (Annexure P-1) and all consequential
proceedings arising out of the same.
3. In nutshell, the brief facts of the case are that petitioner for
discharge of his pre-existing liability had issued cheque amounting to
₹81,643/-. On presentation of cheque the same was dishonoured and the
complainant filed complaint under Section 138 of the Negotiable Instrument
bearing No. NACT 81/2019 titled as "Lovedeep vs. Dimple Trading
Company" against the petitioner and summons were issued and petitioner
failed to appear before the Court and vide order dated 21.10.2022 (Annexure
P-2) petitioner was declared as proclaimed person and case under Section
174-A IPC was registered and FIR No.1003 dated 09.11.2022, at Police
Station Sirsa City, District Sirsa (Annexure P-1) was lodged against the
present petitioner.
4. It is, inter alia contended by learned counsel for the petitioner
that a compromise has been effected between the parties and complainant
has withdrawn the complaint vide order dated 06.01.2023 (Annexure P-3).
He submits that since the complaint in question has been withdrawn vide
order dated 06.01.2023 (Annexure P-3) the impugned order stands
culminated and continuation of the instant FIR on the basis of impugned
order would be abuse of process of law. He has referred to the judgments
cited as Harbans Singh vs. State of Haryana, and another, CRM-M-
56596 of 2022, AIR Online 2022 (P and H) 1035; Aditya Goyal vs. State
of Haryana, CRM-M-11269 of 2019: AIR Online 2019 (P and H) 2070;
Lakhwinder Singh vs. State of Punjab, CRM-M- 37155-2021; CRM-M-
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CRM-M-62924 of 2023 (O&M) 3 2024:PHHC:011198
16528 of 2023, Harnek Singh Vs. State of Haryana; CRM-M-52319-2021,
Sharvan Kumar Singh @ Sarvan Singh vs. State of Haryana; CRM-M-
4344 of 2017, Anil Kumar vs. State of Punjab and another; to argue that
since the main complaint filed under Section 138 of the Negotiable
Instrument Act has been withdrawn by the complainant on the basis of
amicable settlement, therefore, the present proceedings arising out of the
FIR dated 09.11.2022 (Annexure P-1) under Section 174-A IPC be quashed
and consequential proceedings arising therefrom be also set aside.
5. The learned State counsel has admitted the factum of
compromise and withdrawal of complaint under Section 138 of the
Negotiable Instrument Act, against the petitioner vide order dated
06.01.2023 (Annexure P-3).
6. I have heard the respective submission made by the learned
counsel for the parties.
7. After considering the rival contentions and perusing the record,
it is not disputed that a complaint was filed under Section 138 of the
Negotiable Instrument Act against the petitioner and the present petitioner
was declared proclaimed person vide order dated 21.10.2022 (Annexure P-2)
in the said complaint and on the basis thereof, the impugned FIR No.1003
dated 09.11.2022 (Annexure P-1) was registered against him. It is not
disputed that the aforesaid complaint has since been withdrawn by the
complainant vide order dated 06.01.2023 (Annexure P-3) on the basis of
amicable settlement between the parties. It has been held in the judgments
referred to above that when the main complaint in which the petitioner has
been declared proclaimed person have been withdrawn on the basis of
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amicable settlement then continuation with the proceedings under Section
174-A IPC would be nothing but the abuse of the process of law.
8. Therefore, considering the facts and circumstances of the
present case, without going into the controversy as to whether the petitioner
was aware of the proceedings going against him under the Negotiable
Instrument Act or not; the fact remains that the petitioner had been declared
as proclaimed person in the complaint referred to above vide order dated
21.10.2022 (Annexure P-2) and the complaint has already been dismissed as
withdrawn vide order dated 06.01.2023 (Annexure P-3), meaning thereby,
with the dismissal of the complaint the impugned order passed during the
course of proceedings of the complaint had already stood culminated,
therefore, the registration of the present FIR on the basis of above said order
declaring the petitioner as proclaimed person would not serve any purpose
and keeping the said FIR and consequent proceedings alive after the
dismissal of the complaint would not serve any purpose but would be abuse
of process of law.
9. Consequently, keeping in view the above said facts and
circumstances, the present petition is allowed, impugned FIR No. 1003
dated 09.11.2022 registered under Section 174-A at Police Station Sirsa
City, District Sirsa and all consequential proceedings arising therefrom are
hereby set aside.
10. Petition stands allowed.
(SANJIV BERRY)
JUDGE
25.01.2024
Gyan i) Whether speaking/reasoned? Yes
ii) Whether reportable? Yes
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