SURENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The hearing of this petition has been taken up through video conferencing on account of outbreak of novel corona virus.

(2.) Instant petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.54 dtd. 14/2/2020, Annexure P-4, registered under Sec. 174 -A of the Indian Penal Code at Police Station Chandimandir, District Panchkula and all subsequent proceedings arising therefrom. It has been further prayed that the order dtd. 19/12/2019, Annexure P-2, whereby the petitioner has been declared as proclaimed person be quashed.

(3.) Facts, in brief, leading to the filing of the petition are that a complaint, Annexure P-l, under Sec. 138 of the Negotiable Instruments Act (for short 'N.I.Act') read with Sec. 420 IPC was filed against the petitioner on account of dishonour of cheque of Rs.10,000.00. The petitioner was summoned but as the address given in the petition was incomplete, the service could not be effected upon him. The petitioner was declared as a proclaimed person by the trial Court vide impugned order dtd. 19/12/2019, Annexure P-2, consequent to which the impugned FIR, Annexure P-4 came to be lodged against him. The petitioner, in the meantime, settled the matter with the complainant and paid him the entire amount under the cheque in dispute. The complainant-respondent No.2 filed an application and withdrew the complaint vide order dtd. 5/3/2020, Annexure P-3.