05.2024 PUT ATUL RAJPUT v. HARYANA STATE OF HAR & Anr.

tration of FIR No.315 dated 05.09.201

09.2017 registered under S nder Section 174-A IPC at Police Stat e Station Ambala Cantt., Haryana. [2]. Briefly stating, the petitioner was Brief was summoned in a complaint file int filed under Section 13 ion 138 of the Negotiable Instrumen truments Act, 1881 (hereinafter to b r to be referred as ‘the N ‘the N.I. Act’) at the instance of the of non- of the complainant. On account of non appearance of pe of petitioner, proceedings under S der Section 82 Cr.P.C. were ordere ordered against him and a and as a consequence thereof, he wa was declared as proclaimed perso person vide order dated dated 20.07.2017 followed by reg by registration of FIR No.315 date

05.09.2017 under under Section 174-A IPC against him him. MOHMED ATIK 2024.05.15 17:45 I attest to the accuracy and authenticity of this order/judgment CRM-M No.23994 3994 of 2022 2 [3]. Impugning the aforementioned order Impu order and FIR, learned counsel for th l for the petitioner submits ubmits that petitioner was never serve r served with the process of Court as h rt as he was not residing iding on the address mentioned in the in the complaint/notice at the releva relevant time and as such such he could not appear before the re the Trial Court. He further points o ints out that later, a settl a settlement came to be arrived at b d at between the parties as petition etitioner discharged his liability by paying the entire entire cheque amount in favour o vour of complainant and t and in pursuance thereof, the compla complaint under Section 138 of the N. the N.I. Act, was withdr withdrawn by complainant and com d complaint file was ordered to b to be consigned to rec to record room, vide order dated 12

12.06.2018 passed by the Judici Judicial Magistrate First C First Class, Ambala. Moreover, the pe the petitioner also volunteers to provid provide two patient stretc stretchers-cum-trolley with mattress he Sub- attress and one wheelchair to the Sub Divisional Civil H Civil Hospital, Ambala Cantt, Haryana ause. aryana so as further the public cause. [4]. Learned counsel further submits that Lear ts that once the main proceedings und s under Section 138 of th of the N.I. Act Act have already com dy come to an end, no useful purpose rpose is going to be serve served by continuing with the proce proceedings arising out of the FIR FIR in question. In supp n support, he relies upon judgments o ents of this Court, passed in CRM RM-M No.16449 of 201 2018 titled as “Satish Kumar vs. r vs. State of Haryana and another other” and CRM-M No No.30911 of 2021, titled as “R “Ram Kumar Rana vs. State o ate of Haryana and ano another”. [5]. On the other hand, learned State cou On t counsel opposes the prayer made o ade on behalf of petitione titioner while submitting that he was h was having knowledge of pendency o ency of proceedings unde s under Section 138 of the N.I. Act as Act as well as summoning order, but r, but he deliberately chose chose not to appear before the Trial C Trial Court resulting into his declaratio laration as proclaimed per ed person followed by registration of F on of FIR against him. MOHMED ATIK 2024.05.15 17:45 I attest to the accuracy and authenticity of this order/judgment CRM-M No.23994 3994 of 2022 3 [6]. I have heard learned counsel for th I hav for the parties and gone through th ugh the paper book. I find . I find substance in the submissions m oner. ions made on behalf of the petitioner. [7]. Once, the complaint under Section Once ection 138 of the 1881 Act, alread already stands withdrawn wn by complainant on having rece g received the entire cheque amount ount in dispute, no usef useful purpose is going to be se be served by carrying on with th ith the proceedings arisin s arising out of the present FIR. Even o Even otherwise, the case of petitioner tioner is fully covered wit ed with the judgments passed by this y this Court in Satish Kumar and Ra Ram Kumar Rana's ca cases (supra). Moreover, the petiti e petitioner has already been admitted itted to bail vide order da der dated 12.09.2017 passed by the Tr the Trial Court. [8]. In view of discussion made herei In v hereinabove, the present petition tition is allowed, howeve owever subject to providing two pa wo patient stretchers-cum-trolley wi ey with mattress and one d one wheelchair to the Sub-Division ivisional Civil Hospital, Ambala Cant a Cantt, Haryana, within ithin a period of three weeks from s from today as volunteered by th by the petitioner against gainst due receipt, issued by the con e concerned Civil Surgeon. A copy o copy of the receipt shall shall also placed before the concern oncerned Trial Court. Accordingly, th , the impugned order order dated 20.07.2017 passed by th by the Judicial Magistrate Ist Clas t Class, Ambala declaring claring petitioner as proclaimed person person is set aside and as a consequenc equence thereof, the result resultant FIR No.315 dated 05.09.201

09.2017 registered under Section 174 n 174-A IPC at Police S lice Station Ambala Cantt. Haryana aryana, along with all consequenti quential proceedings arisin s arising therefrom is also quashed. May 08, 2024 Atik (HARKESH MANUJA) (HA JUDGE Whe Whether speaking/reasoned Whether reportable Whe Yes/N Yes/No Yes/No Yes/N MOHMED ATIK 2024.05.15 17:45 I attest to the accuracy and authenticity of this order/judgment