Vijay Narayan Katarey vs State Of Haryana And Another
2024 Latest Caselaw 10046 P&H

Punjab-Haryana High Court

Vijay Narayan Katarey vs State Of Haryana And Another on 9 May, 2024

                                      Neutral Citation No:=2024:PHHC:065658




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138
        IN THE HIGH COURT OF PUNJAB & HARYANA AT
                       CHANDIGARH

                                              CRM-M-23081-2024
                                              Date of Decision: 09.05.2024


VIJAY NARAYAN KATAREY
                                                                   ... Petitioner
                                              Versus

STATE OF HARYANA & ANOTHER
                                                                ... Respondents


CORAM:- HON'BLE MR. JUSTICE SANJIV BERRY.

Present:-   Mr. Tejinder Pal Singh, Advocate for the petitioner.
            Ms. Gaganpreet Kaur, DAG, Haryana.

                                *****

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. 719 dated 13.09.2022, under Section 174-A IPC, at Police Station

Karnal Civil Lines, District Karnal, Haryana (Annexure P-5) and all

subsequent proceedings arising out of complaint bearing No. CIS No.

NACT-3629-2020 titled as "Sahib Pesticides Vs. Katare Krish Sewa"

instituted by respondent No.2 on 21.12.2020 (Annexure P-1) under Section

138 of the Negotiable Instrument Act in the Court of learned Judicial

Magistrate First Class, Karnal wherein the petitioner was declared as

proclaimed person vide order dated 30.08.2022 (Annexure P-4).

2. In nutshell, the brief facts of the case are that the petitioner

purchased products such as agrochemicals, pesticides, insecticides etc from

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respondent No.2-complainant and an amount of ₹4,15,722/- is outstanding

against the petitioner. In discharge of his liability petitioner issued cheque

and on presentation the same was dishonored with remarks "funds

insufficient" as such a complaint under Section 138 of the Negotiable

Instrument Act, bearing No. CIS No. NACT-3629-2020 titled as "Sahib

Pesticides Vs. Katare Krish Sewa" dated 21.12.2020 (Annexure P-1) was

filed against the petitioner and summons were issued and petitioner failed to

appear before the Court and vide order dated 30.08.2022 (Annexure P-4)

petitioner was declared as proclaimed person and FIR No.0719 dated

13.09.2022, under Section 174-A IPC, at Police Station Civil Lines Karnal,

District Karnal Haryana (Annexure P-5) was registered against the present

petitioner.

3. It is, inter alia contended by learned counsel for the petitioner

that the petitioner had paid all the outstanding dues and the complainant has

suffered statement on 07.02.2024 (Annexure P-7) that the matter has been

amicably settled and he does not want to continue with the complaint,

accordingly vide order dated 07.02.2024 (Annexure P-8) the complaint has

been dismissed as withdrawn. He submits that petitioner has appeared in

trial and was admitted on bail, the order dated 30.08.2022 (Annexure P-4)

declaring petitioner as proclaimed person is no more remained in existence.

He further submits that since the complaint in question has also been

withdrawn vide order dated 07.02.2024 (Annexure P-8) the impugned order

dated 30.08.2022 (Annexure P-4) stands culminated and continuation of the

instant FIR (Annexure P-5) on the basis of impugned order would be abuse

of process of law. He has referred to the judgments cited as Harbans Singh

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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 impugned

order dated 30.08.2022 (Annexure P-4) and the FIR No.719 dated

13.09.2022 (Annexure P-5) under Section 174-A IPC be quashed and

consequential proceedings arising therefrom be also set aside.

4. Learned State counsel has not disputed the factual matrix of the

case and admitted the withdrawal of complaint under Section 138 of the

Negotiable Instrument Act, against the petitioner vide order dated

07.02.2024 (Annexure P-8).

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 30.08.2022 (Annexure P-4)

in the said complaint and on the basis thereof, the impugned FIR No.719

dated 13.09.2022 (Annexure P-5) was registered against him. It is not

disputed that the aforesaid complaint has since been withdrawn by the

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complainant vide order dated 07.02.2024 (Annexure P-8) on the basis of

amicable settlement between the parties. It is also not disputed that once the

petitioner had appeared in Court and admitted to bail the order declaring the

petitioner as proclaimed person is no more remained in existence. 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

as proclaimed person in the complaint referred to above vide order dated

30.08.2022 (Annexure P-4) and the complaint has already been dismissed as

withdrawn vide order dated 07.02.2024 (Annexure P-8), 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 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.719 dated

13.09.2022 (Annexure P-5) registered under Section 174-A IPC at Police

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Station Civil Lines Karnal, District Karnal, Haryana and order dated

30.08.2022 (Annexure P-4) passed by learned Judicial Magistrate, Ist Class,

Sirsa in Criminal Complaint NACT-3629-2020 dated 21.12.2020 (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
09.05.2024
Gyan
             i)    Whether speaking/reasoned?               Yes
             ii)   Whether reportable?                      Yes




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