Suresh Kumar vs State Of Haryana - 2025 Supreme(P&H) 1120

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2025 Supreme(P&H) 1120

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

Advocates:
Advocate Appeared:
For the Appellant :Mr. Supneet Singh, Advocate for Mr. P.S. Dhaliwal, Advocate
For the Respondent:Mr. Ramesh Kumar Ambavta, AAG, Haryana; Mr. Amit Siwach, Advocate

JUDGMENT :

Harpreet Singh Brar J.

The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No. 340 dated 15.06.2023 under Section 174-A IPC registered at Police Station City Sonepat, District Sonepat alongwith all 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 and subsequently, FIR (supra) was registered.

3. Learned counsel for the petitioner 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 been followed in its letter and spirit by the trial Court.

4. Learned State counsel assisted by counsel for the complainant has supported the order passed by the learned trial Court by contending that the petitioner did not put in appearance before the trial Court intentionally and deliberately and, therefore, having left with no other option, proclamation was issued to secure his presence and direction was issued for registratio