Punjab-Haryana High Court
Fateh Chand vs Satyawan And Another on 18 March, 2024
Neutral Citation No:=2024:PHHC:038791
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143
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM-M-13828 of 2024
Date of Decision: 18.03.2024
FATEH CHAND
... Petitioner
Versus
SATYAWAN AND ANOTHER
... Respondents
CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY.
Present:- Mr. Bhavdeep Singh Mamli, Advocate
the petitioner.
Mr. Deepak Kumar, Advocate for the respondent No.1
*****
SANJIV BERRY, J. (ORAL)
The instant petition has been preferred by the petitioner under
Section 482 of the Code of Criminal Procedure for seeking quashing of the
FIR No.0317 dated 30.07.2023 (Annexure P-5) registered under Section
174-A at Police Station Bhuna, District Fatehabad and order dated
14.07.2023 (Annexure P-4) passed by learned Judicial Magistrate, Ist Class,
Fatehabad in Criminal Complaint No. NI/155/2020 dated 27.01.2020
(Annexure P-1) whereby petitioner was declared as proclaimed offender.
2. In nutshell, the brief facts of the case are that petitioner for
discharge of his pre-existing liability had issued cheque amounting to
₹1,85,000/-. On presentation of cheque the same was dishonoured and the
complainant filed complaint under Section 138 of the Negotiable Instrument
bearing No. NI/155/2020 dated 27.01.2020 titled as "Satyawan vs. Fateh
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Chand" against the petitioner and summons were issued and petitioner
failed to appear before the Court and vide order dated 14.07.2023 (Annexure
P-4) petitioner was declared as proclaimed person and case under Section
174-A IPC was registered and FIR No.0317 dated 30.07.2023 (Annexure P-
5), at Police Station Bhuna, District Fatehabad was lodged against the
present petitioner.
3. 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has withdrawn the complaint vide order dated 09.03.2024 (Annexure P-3).
He submits that since the complaint in question has been withdrawn vide
order dated 09.03.2024 (Annexure P-3) the impugned order dated
14.07.2023 (Annexure P-4) 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-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 30.07.2023 (Annexure P-5) under
Section 174-A IPC be quashed and consequential proceedings arising
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therefrom be also set aside.
4. Mr. Deepak Kumar, Advocate has put in appearance and filed
Vakalatnam on behalf of the respondent No.1. The same is taken on record.
He has admitted the factum of compromise and withdrawal of complaint
under Section 138 of the Negotiable Instrument Act, against the petitioner
vide order dated 09.03.2024 (Annexure P-3).
5. I have heard the respective submission made by the learned
counsel for the parties.
6. 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 14.07.2023 (Annexure P-4)
in the said complaint and on the basis thereof, the impugned FIR No.0317
dated 30.07.2023 (Annexure P-5) was registered against him. It is not
disputed that the aforesaid complaint has since been withdrawn by the
complainant vide order dated 09.03.2024 (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
amicable settlement then continuation with the proceedings under Section
174-A IPC would be nothing but the abuse of the process of law.
7. 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
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as proclaimed person in the complaint referred to above vide order dated
14.07.2023 (Annexure P-4) and the complaint has already been dismissed as
withdrawn vide order dated 09.03.2024 (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.
8. Consequently, keeping in view the above said facts and
circumstances, the present petition is allowed, impugned FIR No.0317 dated
30.07.2023 registered under Section 174-A IPC at Police Station Bhuna
District Fatehabad and order dated 14.07.2023 (Annexure P-4) passed by
learned Judicial Magistrate, Ist Class, Fatehabad in Criminal Complaint No.
NI/155/2020 dated 27.01.2020 (Annexure P-1) whereby petitioner was
declared as proclaimed person and all consequential proceedings arising
therefrom are hereby set aside.
9. Petition stands allowed.
(SANJIV BERRY)
JUDGE
18.03.2024
Gyan i) Whether speaking/reasoned? Yes
ii) Whether reportable? Yes
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