IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-10310-2024 CRM-M-10136-2024 CRM-M-10138-2024

Reserved On: 01.12.2025

Date of Decision: 16.12.2025 Uploaded On: 16.12.2025

CRM-M-10310-2024

ROOP SINGH ......Petitioner

VERSUS

STATE OF HARYANA .......Respondent

CRM-M-10136-2024

ROOP SINGH ......Petitioner

VERSUS

STATE OF HARYANA …….Respondent

CRM-M-10138-2024

ROOP SINGH ......Petitioner

VERSUS

STATE OF HARYANA …….Respondent

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

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Present: - Ms. Deepa Singh, Advocate (Amicus Curiae)

Ms. Chhavi Sharma, AAG, Haryana.

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VINOD S. BHARDWAJ, J.

These three petitions have been filed seeking quashing of the proceedings arising of the proclamation order and the subsequent criminal case, in view of the fact that the parties have amicably settled their dispute and the petitioner has duly honoured the underlying financial liability. The details of each case are tabulated as under:-

Sr. No. NACT/Complaint No. Title Date of order FIR No. and of date proclamation

1. NACT-1255-2018 Sh. Khatu 17.08.2022 791 dated Oil and 16.09.2022 General under Mill versus Section 174- Roop Singh A of the IPC at Police Station Sirsa City, District Sirsa

2. NACT-1336-2018 M/s R.K. 24.08.2023 694 dated Enterprises 01.09.2023 versus Roop under Singh Section 174-

A of the IPC at Police Station Civil Line Sirsa.

3. NACT-1336-2018 M/s R.K. 20.08.2022 709 dated Enterprises 01.09.2022 versus Roop under Singh Section 174-

A of the IPC at Police Station Sirsa City

2. It is also evident that Counsel for the petitioner has not been appearing in the present case for last two dates. No one has appeared even today. Further wait is not justified. Hence, the cases are being decided by on merits by nominating an amicus. Ms. Deepa Singh, Advocate is appointed as an Amicus to assist the Court. She has gone through the Court file and has assisted the Court.

3. However, the facts of the present case are being taken from CRM-M-10310-2025.

4. The above petition has been filed for seeking quashing of the proclamation order dated 17.08.2022 passed in Case No. NACT-1255-2018 titled Sh. Khatu Oil and General Mill v. Roop Singh, as well as FIR No. 791 dated 16.09.2022 registered under Section 174-A IPC at Police Station Sirsa City, District Sirsa, together with all consequential proceedings arising therefrom, inasmuch as the parties have amicably resolved their dispute and the petitioner has already returned the cheque amount and the complaint stands withdrawn.

5. The facts of the present case, as evident from a perusal of the petition, are that in discharge of a pre-existing liability, the petitioner had issued a cheque in favour of the complainant, which, upon presentation, was dishonoured by the petitioner’s banker for ‘insufficiency of funds’. The complainant, after complying with the statutory requirements, instituted proceedings under Section 138 of the Negotiable Instruments Act, whereupon the petitioner was summoned and remained present before the Court on all dates except for 14.09.2021. Owing to his absence on that date, his bail was cancelled and upon his subsequent non-appearance, proclamation proceedings were initiated, culminating in an order declaring him a proclaimed person. In consequence of such proclamation, an FIR was registered against the petitioner under Section 174-A of the IPC.

6. Subsequently, the petitioner and the complainant amicably resolved their dispute and the petitioner returned the entire cheque amount along with the compensation payable.

7. The complainant thereafter appeared before the learned Trial Court and made a written statement acknowledging full satisfaction of his claim and expressing his desire not to pursue the complaint any further.

8. On the basis of the complainant's statement, the proceedings under Section 138 of the NI Act were permitted to be withdrawn vide order dated 29.01.2024 and were accordingly dismissed.

9. It is the petitioner’s case that, the substantive dispute having been settled in its entirety and the