Chintu Hans vs State of Punjab - 2023 Supreme(P&H) 2350

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2350

JASJIT SINGH BEDI
Chintu Hans – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
Mr. R.P. Dhir, Advocate; For the Petitioner
Mr. Kirat Singh Sidhu, D.A.G, Punjab.

JUDGMENT

Jasjit Singh Bedi, J. (Oral)

This is a petition under Section 482 of Cr.P.C. for quashing of the order dated 17.01.2015 (Annexure P-1) passed by the Judicial Magistrate, 1st Class, Hoshiarpur, whereby the petitioner has been declared a proclaimed person in complaint case under Section 138 of the Negotiable Instruments, 1881 and the consequential FIR No.197, dated 06.10.2021 (Annexure P-2) registered under Section 174A of IPC at Police Station City Hoshiarpur, District Hoshiarpur.

2. The brief facts of the case are that a complaint under section 138 of the NI Act was filed against the petitioner/accused before the Court of Judicial Magistrate, 1st Class, Hoshiarpur by the complainant. The petitioner/accused had no knowledge about the said complaint and summoning order. However, vide order dated 17.01.2015 (Annexure P-1), the petitioner/accused was declared a proclaimed person. Pursuant to the said order, an FIR No.197 dated 06.10.2021 (Annexure P-2) under Section 174A IPC Police Station City Hoshiarpur, District Hoshiarpur came to be registered against the petitioner/accused.

3. Thereafter, a compromise was effected between the parties and the complaint was ordered to be d

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