Punjab-Haryana High Court
Mohan Lal Gurjar vs State Of Haryana And Another on 8 January, 2024
Author: Sandeep Moudgil
Bench: Sandeep Moudgil
Neutral Citation No:=2024:PHHC:008820
CRM-M-58535-2023 -1-
2024:PHHC:008820
135
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-58535-2023
DECIDED ON: 08.01.2024
MOHAN LAL GURJAR
.....PETITIONER
VERSUS
STATE OF HARYANA AND ANR.
.....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Aman Godara, Advocate
for the petitioner.
Mr. B.S. Virk, Sr. DAG, Haryana.
****
SANDEEP MOUDGIL, J (ORAL)
1. The jurisdiction of this Court under Section 482 Cr.P.C. has
been invoked for quashing of order dated 16.01.2023 (Annexure P-2) passed
by Judicial Magistrate Ist Class, Hisar in Complaint Case No. NACT-2025-
2020, filed under Section 138 of the Negotiable Instruments Act, 1881, titled
as "The Kuber Co-op (N.A.) Thrift and Credit Society Ltd. Versus Mohal
Lal Gurjar", whereby, the petitioner has been declared as proclaimed person
and FIR No.227, dated 05.04.2023, under Section 174-A IPC, registered at
Police Station HMT Hisar, District Hisar along with all the subsequent
proceedings arising therefrom.
2. Learned counsel for the petitioner has submitted that in the
present case, a complaint was filed against the petitioner under Section 138
of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the
Act of 1881") and in the said complaint, the petitioner was declared as
1 of 4
Neutral Citation No:=2024:PHHC:008820
2024:PHHC:008820
proclaimed person vide order dated 16.01.2023 (Annexure P-2). Further in
pursuance to the said order, FIR No.227, dated 05.04.2023, under Section
174-A IPC, registered at Police Station HMT Hisar, District Hisar was
registered.
3. Learned counsel for the petitioner has further submitted that a
compromise has been effected between the parties, which is annexed with
the present petition as Annexure P-4 and the main complaint pending before
the Court below has been withdrawn on 12.07.2023. It is submitted that no
useful purpose would be served by prosecuting the petitioner in the instant
FIR once the dispute is being settled by the petitioner and continuance of the
instant proceedings would only subject the petitioner to unwarranted and
undesirable harassment of no intentional lapse.
4. Learned counsel for the petitioner has placed reliance upon the
orders dated 20.07.2022 and 24.08.2022 respectively, passed by Co-ordinate
Bench of this Court in CRM-M-46062-2017, titled as "Jatin Dhawan and
another versus State of Haryana and another" and CRM-M-12534-2022,
titled as "Krishan Kumar versus State of Haryana and another", wherein it
has been held that once the main case is dismissed as withdrawn the
continuation of proceedings under Section 174-A IPC shall be an abuse of
process of law.
5. He also placed reliance upon the orders of this Court dated
12.12.2022 and 13.12.2022 passed in CRM-M-55634-2022 titled as "Jinder
Singh Vs. State of Punjab and another" and CRM-M-45051-2022 titled as
"Hari Singh Meena Vs. State of Haryana".
2 of 4
Neutral Citation No:=2024:PHHC:008820
2024:PHHC:008820
6. Further, reliance can be placed upon the orders dated
20.07.2022 and 24.08.2022 respectively, passed by a coordinate Bench of
this Court in CRM-M-46062-2017, titled as "Jatin Dhawan and another
versus State of Haryana and another" and CRM-M-12534-2022, titled as
"Krishan Kumar versus State of Haryana and another", wherein it has
been held that once the main case is dismissed as withdrawn the
continuation of proceedings under Section 174-A IPC shall be an abuse of
process of law.
7. Another Co-ordinate Bench of this Court in a case titled as
"Ashok Madan Vs. State of Haryana and another" reported as 2020 (4)
RCR (Criminal) 87 has also held as under:-
"No doubt, the learned counsel for the respondent
has vehemently agrued that the offence under
Section 174A I.P.C. is independent of the main
case, therefore, merely because the main case has
been dismissed for want of prosecution, the present
petition cannot be allowed, however, keeping in
view the fact that the present FIR was registered
only on account of absence from the proceedings in
the main case which had been subsequently
regularised by the court while granting bail to the
petitioner, the default stood condoned. In such
circumstances, continuation of proceedings under
Section 174-A I.P.C. shall be abuse of the process
of court.
7. Accordingly, the petition is allowed. FIR No.446
dated 21.08.2017, registered under Section 174A
I.P.C. At Police Station Kotwali, District
Faridabad, as well as consequential proceedings
shall stand quashed."
3 of 4
Neutral Citation No:=2024:PHHC:008820
2024:PHHC:008820
8. Considering the aforesaid judgments and the observations made
hereinabove, this Court is of the considered view that the pendency of such
proceedings would render the proceedings absolutely useless as the
petitioner is not going to be convicted and continuation of the same would
only be a waste of time for the Courts below but will be patent abuse of
process of law.
9. Hence, FIR No.227, dated 05.04.2023 (Annexure P-3), under
Section 174-A IPC, registered at Police Station HMT Hisar, District Hisar
and the order dated 16.01.2023 (Annexure P-2), vide which the present
petitioner has been declared proclaimed person, are hereby quashed with all
the subsequent proceedings arising therefrom.
10. The present petition is, therefore, allowed.
(SANDEEP MOUDGIL)
08.01.2024 JUDGE
Poonam Negi
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:008820
4 of 4
