IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 13.11.2025 Date of uploading: 13.11.2025 Krishan Kumar ....Petitioner V/s State of Haryana and another ....Respondents CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Vikas Bishnoi, Advocate for the petitioner.

Mr. Tarun Aggarwal, Addl.AG, Haryana.

None for respondent No.2.

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SUMEET GOEL, J. (Oral)

1. The petition in hand has been filed under Section 528 of BNSS, 2023 with the following substantive prayer:

“Therefore, respectfully prayed that the present petition may kindly be allowed and the impugned quashing the order dated 03.02.2023, passed by Judicial Magistrate First Class, Hisar (Annexure P-1) whereby the petitioner has been declared as Proclaimed Person in complaint case under section 138 of Negotiable Instrument Act, 1881 bearing no. NACT-3928- 2021 dated 20.12.2021 titled as "HDFC Bank, is body corporate, constituted and functioning under The Banking Companies Act, 1949 and carrying on banking business under The Banking Regulation Act, 1949 and having its registered at HDFC Bank House, Senapati Bapat Road, Lower Parel(West) Mumbai 400013 and one of its Branch as well as State Collection Office at Hisar through Anuj Bhardwaj age 31 years, Power of Attorney Holder complainant Bank. Mobile No. of 8168466416.P.S. Civil Lines Vs Krishan Kumar son of Balwan Singh resident of Village Balak, Tehsil Barwala District Hisar" (as Per Annexure P-2) which has been decided by Ld. Judicial Magistrate First Class, Hisar and for quashing of the consequential FIR No. 111, Dated 15.03.2023, under section 174-A IPC, 1860 registered at Police Station Urban Estate, Hisar, District Hisar (AnnexureP-4) and all the consequential proceedings arisen there from may be quashed being illegal, non est, nullity and having not been carried out in accordance with the prescribed procedure, in the interest of justice, 2. The impugned FIR (as set out in the petition in hand) reads thus:-

“HDFC BANK V/s Krishan Kumar Ete CIS NO 3928/2021 Information Regarding Registration of Fir U/s 174-A of IPC Proclaimed Person Us 138 N. I. Act To SHO PS UE Hisar Memo NO. 54 DATED 06.02- 23 It is intimated that accused namely Krishan kumar son of Balwan singh R/ village Balak the Barwala distt Hisar m.no. 99991500045 has declared as proclaimed per vide order dated 03.02.2023. The Copy of order attached herewith The cheque in question was presented in HDFC BANK JINDAL CHOWK HISAR which falls within the jurisdiction of your Police Station Therefore. You are directed to registered a case U/s 174A of against the Proclaimed Person Accused. The Compliance report along with the copy of Fir be sent to this Courts With in Ten Days From receipt of this intimation. You are also directed to sent a copy of FIR to this court on or before

18.03.2023 sd Harjot Kaur Judicial Magistrate Ist Class Hisar.”

3. Learned counsel for the petitioner has submitted that the impugned FIR, has its genesis, in a criminal complaint filed against the petitioner (herein) under Section 138 of Negotiable Instruments Act of 1881, in proceedings whereof the petitioner was declared as a proclaimed person & hence the impugned FIR came to be got registered against the petitioner. Learned counsel for the petitioner has argued that the order as also the proceedings declaring the petitioner as a proclaimed person are manifestly illegal and against the mandatory provisions of law. It has been further iterated that the criminal complaint under Section 138 of NI Act, 1881 has already been withdrawn as the rival parties had entered into a compromise/settlement and hence no useful purpose would be served by continuation of the proceedings qua the impugned FIR. To buttress this aspect of his argument, learned counsel for the petitioner has relied upon the order dated 17.08.2023 (Annexure P-3) passed by the concerned Judicial Magistrate which reads thus:

“Present: Sh. Sachin Jangra Adv for complainant An application for putting up the case file and a