IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:-28.08.2025 Hari Chand ......Petitioner.

Vs.

State of Haryana & Anr ......Respondents.

CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Rose Gupta, Advocate with Ms. Sheenam Banchta, Advocate and Mr. Prateek Garg, Advocate for the Petitioner.

Mr. Vipul Sherwal, AAG Haryana.

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JASJIT SINGH BEDI, J.(ORAL This is a petition under Section 482 of Cr.P.C. for quashing of the FIR No.0429 dated 01.07.2020 under Section 174-A IPC registered at P.S. Hisar City, District Hisar in Complaint No.CIS No. N.Act/1863 of 2017 and CNR No.HRHS03-0116762017 and all consequential proceedings arising out of the same.

2. The brief facts of the case are that in discharge of his legal liability, the petitioner/accused issued a cheque for an amount of Rs.62,000/- dated 14.07.2017 in favour of the complainant. The said cheque came to be dishonoured. Pursuant thereto, as no payment was made in lieu of the dishonoured cheque, a complaint under Section 138 of Negotiable Instruments Act came to be instituted against the petitioner/accused and he was summoned to face trial. Subsequently, he was declared a proclaimed person vide orders dated 17.11.2021 and 16.03.2022 (Annexure P-7 & 7-A). Pursuant to the said order, an FIR No.0429 dated 01.07.2020 under Section 174-A IPC registered at P.S. Hisar City, District Hisar (Annexure P-3) came to be registered against him.

3. Thereafter, a compromise was effected between the parties and the complaint was ordered to be dismissed as withdrawn in terms of the order dated 13.08.2022 (Annexure P-8). In view of the dismissal of the complaint under Section 138 of Negotiable Instruments Act on the basis of the compromise, the present petition for quashing of the aforesaid FIR No.0429 dated 01.07.2020 under Section 174-A IPC registered at P.S. Hisar City, District Hisar (Annexure P-3) along with all consequential criminal proceedings has been filed.

4. The learned counsel for the petitioner/accused submits that he had wrongly been declared a proclaimed person and on learning about the same, the petitioner compromised the matter with the complainant. Thereafter, on 13.08.2022, the complainant in the Trial Court got recorded its statement that complainant did not want to proceed further with the present complaint and wanted to withdraw the same. Based on the said statement, the complaint was ordered to be dismissed as withdrawn on

13.08.2022 (Annexure P-8).

5. Notice of motion.

6. On the asking of the Bench, Mr. Vipul Sherwal, AAG Haryana accepts notice for the State whereas Mr. Ram Kumar Saini, Advocate accepts notice on behalf of the respondent no.2. The State Counsel has opposed the present petition and has submitted that the FIR has been correctly registered.

7. This Court has heard the learned counsel for the parties and has perused the paper-book.

8. From the above-said facts and circumstances, it is apparent that the present FIR was registered in view of the fact that the petitioner was declared as a proclaimed person in the proceeding under the Negotiable Instruments Act, 1881. The impugned complaint itself has been withdrawn. 9. A co-ordinate Bench of this Court in CRM-M-43813-2018 titled as “Baldev Chand Bansal vs. State of Haryana and another”, decided on 29.01.2019 has held as under:-

“Prayer in this petition is for quashing of FIR No.64 dated 15.02.2017 filed under Section 174-A of the Indian Penal Code registered at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof as well as order dated 24.10.2016 passed by the trial Court vide which a direction was issued to register the aforesaid FIR.

xxx xxx xxx Learned counsel for the petitioner has relied upon the decisions rendered by this Court in “ Vikas Sharma vs. Gurpreet Singh Kohli and another (supra), 2017, (3) L.A.R.584, Microqual Techno Limited and others Vs. State of Haryana and another, 2015 (32) RCR (Crl.) 790 and “Rajneesh Khanna Vs. State of Haryana and anot