The main legal point established in the judgment is the non-sustainability of orders declaring the petitioner as a proclaimed person and initiating criminal proceedings under IPC 174A due to non-compliance with statutory requirements.

ARUN MONGA, J.

Every other day, this Court is confronted with a dilemma of deliberating upon the merits of an FIR registered under Section 174-A of the Indian Penal Code (hereinafter referred to as 'IPC'). This predicament is particularly pronounced in cases, where the accused, after trial, has been acquitted in the principal offence. He is absolved of culpability either on merits of legal considerations or, in case of a private criminal complaint, its dismissal due to non-prosecution or its withdrawal, or even its dismissal through amicable settlement between the concerned parties. Nonetheless, the ancillary legal proceedings persist, unabated, much to the chagrin of the accused.

2. Instant case under consideration is yet another manifestation of the recurring phenomenon seeking indulgence to intercede and quash FIR No. 246, dated 18th September 2019 (hereinafter referred to as 'Annexure P-1'), registered under Section 174-A ibid at Police Station, City Rajpura, District Patiala. FIR has been lodged as a consequence of trial court order dated 31.08.2019,emanating from the criminal proceedings initiated in a complaint filed under Section 138 of the Negotiable Instruments Act.

3. Succinct facts first, as pleaded in the petition.

3.1 Complainant-Bhagwan Dass (since deceased, now represented through LR-Ashwani Kumar-respondent No. 2 herein) filed a criminal complaint against the petitioner under Section 138 of the Negotiable Instrument Act, 1881(for short ‘NIA Act’). The petitioner states that he never received any Court summons or warrant of arrest. Being unaware, he could not appear before the concerned Court. Consequently, learned trial Court, vide order dated 31.08.2019, declared the petitioner as proclaimed person. Said order led to registration of an FIR dated 18.09.2019 against the petitioner under Section 174-A of the IPC.

3.2. Petitioner surrendered before the trial Court on 28.09.2020.

3.3. Subsequently, main matter under Section 138 ibid was compromised. Statement of complainant, regarding compromise, was also recorded before the Court below on 28.09.2020. Complainant received cheque amount from the petitioner to his satisfaction. He stated before the Court that he did not want to press any charges against the petitioner. He, thus, did not proceed further with the main complaint under Section 138 of the NIA Act and withdrew the same. However, the proceedings against the petitioner arising out of FIR dated 18.09.2019 under Section 174-A of the IPC are continuing.

4. Learned counsel for petitioner argues that order dated 31.08.2019 declaring petitioner as a proclaimed person, was passed by learned Judicial Magistrate 1st Class, Rajpura without following the proper procedure prescribed under Sections 82 and 83 of the Code of Criminal Procedure, 1973. It is, thus, not sustainable.

5. He further urges that, even otherwise, no useful purpose would be served by continuing the proceedings/trial in the FIR under Section 174-A IPC, as main matter since stands settled and entire cheque amount was paid to the complainant.

6. Notice of motion.

7. On advance service of copy of petition, learned State counsel and learned counsel for respondent No. 2 appear and accept notice.

8. Learned counsel for the respondent No. 2 admits the factum of compromise. He agrees that main complaint under Section 138 of the Negotiable Instruments Act, 1881 was dismissed as withdrawn. Petitioner was, thus, acquitted in the complaint under Section 138 ibid filed against him.

9. Learned State counsel, however, opposes the instant petition. He submits that order declaring petitioner as a proclaimed person has rightly been passed. He further submits that the offence under Section 174-A IPC is independent of the main case. Merely because main case is compromised, the petitioner cannot go scot free in the FIR in question.

10. I have heard the competing arguments.

11. Petitione