Boota Singh vs State Of Punjab - 2024 Supreme(P&H) 1988

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1988

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARKESH MANUJA
Boota Singh – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Jagjit Singh Gill, Advocate
For the Respondent:Mr. Siddharath Sandhu, Assistant Advocate

JUDGMENT :

Harkesh Manuja, J.

The petitioner, by way of present petition filed under Section 482 Cr.P.C., seeks quashing of order dated 18.09.2023 (Annexure P-1) passed by learned Judicial Magistrate 1st Class, Dasuya in complaint caseCIS No. NACT/155/2022, dated 01.06.2022, titled 'Avtar Singh Tulli Versus Boota Singh etc. ', whereby he was declared as proclaimed person, and all consequential proceedings arising therefrom, in view of the complaint in question having been dismissed as withdrawn vide order dated 09.12.2023 (Annexure P-4).

2. At the outset, learned counsel for the petitioner has drawn the attention of this Court to order dated 09.12.2023 (P-4) wherein the complaint in question under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act') stands withdrawn by the complainant based on an amicable settlement arrived at between the parties and the petitioner having made payment of the settled amount to the complainant. A prayer, therefore, has been made that in the aforementioned facts and circumstances, no purpose would be served by prosecuting the petitioner under Section 174-A of the IPC, moreso, when he was not involved in any other criminal case mu

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