Punjab-Haryana High Court
Raveena Begam vs State Of Punjab And Anr on 8 May, 2024
Neutral Citation No:=2024:PHHC:064527
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CRM-M
M No.31164 of 2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
276
CRM-M M No.31164 of 2023
Date of Decision: 08.05.2024
RAVEENA BEGAM ......Petitioner
Vs
STATE OF PUNJAB AND ANR ....Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ
MANUJA
Present: Mr. Impinder Singh Dhaliwal,, Advocate
for the petitioner.
Mr. Siddharth Sandhu, Asstt. A.G., Punjab.
Mr. R.S. Sekhon, Advocate
for respondent No.2.
****
HARKESH MANUJA, J. (Oral)
[1]. By way of present petition under Section 482 Cr.P.C., prayer has been
made for quashing of FIR No.146 dated 11.09.2022 registered under Section
174-A,
A, IPC at Police Station City Rampura, District Bathinda along with all other
consequential proceedings arising therefrom.
[2]. Briefly stating, the petitioner was summoned in a complaint filed
under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881
(hereinafter to be referred as 'the N.I. Act') and Secti
Section 420 IPC at the instance of
the complainant. On account of non-appearance
non appearance of petitioner, proceedings under
Section 82 Cr.P.C. were ordered against her and as a consequence thereof, she was
declared as proclaimed person vide order dated 06.09.2022 followed by
registration of FIR No.146
No. dated 11.09.2022 under Section 174
174-A IPC against her.
her
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Neutral Citation No:=2024:PHHC:064527
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[3]. Impugning the aforementioned FIR No.
No.146 dated 11.09.2022,, learned
counsel for the petitioner submits that petitioner was never served with the process
of Court and as such she could not appear before the Trial Court. Learned counsel
further points out that later,
later, a settlement came to be arrived at between the parties
as petitioner discharged her liability by paying the entire cheque amount in favour
of complainant and in pursuance thereof, the statement of the complainant was also
recorded to the effect that he does not want to proceed with the complaint and
withdraws the same on 24.01.2023 before the Judicial Magistrate Ist Class, Phul.
[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 aarising
rising out of the FIR in
question. In support, he relies upon judgments of this Court, passed in CRM-M
CRM
No.16449 of 2018 titled as "Satish
Satish Kumar vs. State of Haryana and another"
another
and CRM-M
M No.30911 of 2021,
2021 titled as "Ram Kumar Rana vs. State of
Haryana and another".
[5]. On the other hand, learned State counsel opposes the prayer made on
behalf of petitioner while submitting that she was having knowledge of pendency of
proceedings under Section 138 of the N.I. Act as well as summoning order, but she
deliberately
berately chose not to appear before the Trial Court resulting into her
declaration as proclaimed person followed by registration of FIR against her.
her
However, learned counsel representing respondent No.2/complainant admits the
factum of receipt of entire cheque amount and withdrawal of complaint by the
complainant.
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[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 petitioner.
[7]. Once, the complaint
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 othe
otherwise,
rwise, the case of petitioner is
fully covered with the judgments passed by this Court in Satish Kumar and Ram
Kumar Rana's cases (supra). Moreover, the petitioner has already been admitted to
bail vide order dated 23.12.2022 passed by the Trial Court.
[8]. In view of discussion made hereinabove, FIR No.146 dated
11.09.2022 registered under Section 174-A,
174 A, IPC at Police Station City Rampura,
District Bathinda along with all other consequential proceedings arising therefrom
is hereby quashed.
(HARKESH MANUJA)
May 08, 2024 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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