RAMAN JOSSAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Sec. 482 of Cr.P.C. for quashing/setting aside the FIR No.0014 dtd. 22/1/2019 under Sec. 174-A of IPC, registered at Police Station Sardulgarh, District Mansa, Punjab (Annexure P-3), in view of the order dtd. 10/1/2019 (Annexure P-2) passed by the Sub-Divisional Judicial Magistrate Sardulgarh in case bearing number NACT/5/2016 titled as "Shiv Kumar Vs. M/s Surya Industries (Annexure P-l).

(2.) Learned counsel for the petitioner has submitted that in the present case, respondent No.2-Shiv Kumar had filed a complaint under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act, 1881 (for short 'the Act of 1881') against M/s Surya Industries and the present petitioner. It is submitted that the address of petitioner in the complainant was not correctly given and, thus, the petitioner was never served in the said proceedings. It was also submitted that the petitioner was declared as proclaimed person vide order dtd. 10/1/2019 and the Sub-Divisional Judicial Magistrate had directed the SHO to initiate proceedings against the petitioner under Sec. 174-A of IPC. In pursuance of the said order, the impugned FIR under Sec. 174-A of IPC was registered. It is submitted that the petitioner was never served in the said proceedings and learnt about the said proceedings after the police was raiding the house of the petitioner as he has been declared as proclaimed person. On learning the same, the petitioner compromised the matter with the complainant/respondent No.2 and in view of the compromise, the proceedings under Sec. 138 of the Act of 1881 were withdrawn. For the said purpose, the petitioner has referred to the order dtd. 10/7/2021 as well as the affidavit dtd. 20/10/2021.

(3.) Learned counsel for the complainant/respondent No.2 has not disputed the facts as stated by learned counsel for the petitioner and has further submitted that proceedings under Sec. 138 of the Act of 1881 have already been withdrawn and the matter has been compromised. Learned counsel for the complainant/respondent has also stated that he has no objection in case the present FIR and all subsequent proceedings arising therefrom are quashed.