Jaspal Singh vs State of Haryana - 2025 Supreme(P&H) 446

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2025 Supreme(P&H) 446

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Jaspal Singh – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
For the Respondent:Mr. Deepak Goyal, Advocate

JUDGMENT :

Harpreet Singh Brar, J. (Oral)

1. The present petition has been filed under Section 528 BNSS, 2023 for quashing of FIR No.309 dated 02.04.2023 registered under Section 174-A IPC at Police Station Civil Line, Sirsa (Annexure P-1) arising out of case bearing No.NACT/522/2022 titled as Vipin vs. Jaspal' registered under Section 138 NI Act before the learned Judicial Magistrate Ist Class, Sirsa and all the subsequent proceedings arising out of the same.

2. The brief facts of the present case are that a complaint under Section 138 of Negotiable Instruments Act, 1881 was filed against the petitioner, wherein the petitioner was declared as proclaimed person vide order dated 24.03.2023 and subsequently, FIR (supra) was registered.

3. Learned counsel for the petitioner submits that the petitioner has made the entire payment to the complainant. Further, the complainant has withdrawn the complaint on 09.01.2025, which was pending before the learned trial Court. Learned counsel furthermore submits that the petitioner was never served and was declared proclaimed person without following the drill of Section 82 Cr.P.C. Further, the mandatory drill of Section 195 Cr.P.C. has also not b