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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Deepak Gupta, J.
Roshan Lal - Petitioner - Appellant
Versus
State of Haryana - Respondent - Respondent
CRM-8696 in/and CRM-M-21970 of 2022
Decided On : 10-03-2023
N.I. Act - Quashing of FIR under Section 174-A IPC - Effect of order declaring accused as proclaimed person
Fact of the Case:
The accused was declared a proclaimed person in a complaint case under Section 138 of the Negotiable Instruments Act, 1881. Subsequently, an FIR was registered against the accused under Section 174-A IPC based on the order declaring him as proclaimed person.
Finding of the Court:
The court referred to a judgment stating that once an accused person appeared in proceedings under Section 138 of the N.I. Act and was granted bail, the effect of the order declaring the accused as proclaimed person would dissipate, and any proceeding under Section 174-A IPC would be an abuse of the process of the court. Consequently, the FIR and all consequent proceedings were quashed.
Issues: Quashing of FIR under Section 174-A IPC, Effect of order declaring accused as proclaimed person
Ratio Decidendi: Once an accused person appears in proceedings under Section 138 of the N.I. Act and is granted bail, the effect of the order declaring the accused as proclaimed person dissipates, and any proceeding under Section 174-A IPC would be an abuse of the process of the court.
Final Decision: The FIR and all consequent proceedings arising from the order declaring the accused as proclaimed person were quashed.
DEEPAK GUPTA, J.
1. Reply to the application has not been filed.
2. As requested by learned counsel for the petitioner, the main petition, which is fixed for 23.05.2023, is taken on Board for hearing today itself.
3. Complaint case bearing NACT No.101 of 2019, titled as “Jeet Singh v Roshan Lal” under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as ‘the N.I. Act’) was filed by one Jeet Singh, in which accused Roshan Lal (now petitioner) was declared proclaimed person, vide order dated 03.03.2022 (Annexure P-2). However, petitioner surrendered before the Trial Court on 16.04.2022 and after noticing that he had not appeared earlier and since the offence in question is bailable, he was admitted to regular bail. Later on, FIR No.378, dated 10.05.2022 under Section 174-A IPC was registered against the petitioner on the basis of the order dated 03.03.2022, whereby petitioner was declared proclaimed person.
4. Learned counsel for the petitioner has referred to the judgment of a co-ordinate Bench of this Court in case of “Rahul Dureja and another v State of Punjab”, reported as 2022(1) R.C.R.(Criminal) 248, wherein it was held by this Court that once an accused person appeared in proceedings under Section 138 of the N.I. Act and granted concession of bail, then effect of order declaring the accused person as proclaimed person would dissipate and ground for registration of the FIR under Section 174-A IPC would no longer exist, so, any proceeding under Section 174-A IPC would be abuse of process of Court. FIR and consequent proceedings were held liable to be quashed.
5. Similar is the position in this present case. In view of the above, FIR No.378, dated 10.05.2022, registered at Police Station Indri, District Karnal, under Section 174-A IPC and all the consequent proceedings arising out of the same, are hereby quashed.
6. Allowed.
7. Since the main petition has been allowed, therefore, all the accompanied applications also stand disposed of.
Petition allowed.
AI
Effect of order declaring accused as proclaimed person under Section 138 of the N.I. Act on subsequent proceedings under Section 174-A IPC
Non-compliance with Section 82 Cr.P.C. renders proclamation of an accused as nullity, warranting quashing of FIR under Section 174-A IPC.
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