Vinay vs State Of Haryana - 2025 Supreme(P&H) 1119

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 1119

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Vinay – Appellant
Versus
State Of Haryana – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Pradeep Duhan, Advocate

JUDGMENT :

Harpreet Singh Brar, J.

The present petition has been filed under Section 482 Cr.P.C./528 BNSS, 2023 for quashing of order dated 18.03.2023 (Annexure P-1) passed by the learned Judicial Magistrate First Class, Hisar in a case bearing NACT No.604/2020 whereby the petitioner was declared as proclaimed person and the consequential FIR bearing No. 449 dated 22.05.2023 registered under Section 174-AIPC at Police Station HTM, District Hisar (Annexure P-2) and all consequential proceedings emanating therefrom.

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petitioner, wherein, the petitioner paid the amount to respondent No.2 and respondent No.2 assured him that they have withdrawn the case. As such, the petitioner did not appear before the trial Court and was declared as proclaimed person vide order dated 18.03.2023 (Annexure P-1) and subsequently, FIR (supra) was registered against him.

3. Learned counsel for the petitioner submits that the impugned order has been passed in a cryptic manner and the impugned order is liable to be set aside on the ground that the mandate of Section 82 of Cr.P.C