RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard through video conferencing.

(2.) This is a petition under Section 482 Code of Criminal Procedure, 1973 (for short 'CrPC') for quashing of the impugned order dated 24.07.2019 (Annexure P-2) vide which learned Judicial Magistrate 1st Class, Ambala had declared the petitioner as a proclaimed offender in complaint case NACT No.960/2017 under Section 138 of the Negotiable Instruments Act, 1881 ('NI Act') and for quashing of FIR No.54 dated 12.02.2020 registered under Section 174-A of the Indian Penal Code, 1860 at Police Station Mullana, District Ambala.

(3.) The brief facts of the case are that respondent No.2 had filed a complaint against the petitioner under Section 138 of the 'NI Act' before the Judicial Magistrate 1st Class, Ambala being NACT No.960/2017 titled Shiv Kumar v. Ranvir Singh. The Judicial Magistrate 1st Class, Ambala vide order dated 01.06.2017 had summoned the petitioner for 18.08.2017 to stand trial. It is averred by the petitioner that the summons issued against the petitioner were never served upon him and that the petitioner was never aware about the pendency of the complaint. Thereafter, vide order dated 24.07.2019, the Judicial Magistrate 1st Class, Ambala declared the petitioner as proclaimed person. Subsequently, the police of Police Station Mullana, District Ambala registered FIR No.54 dated 12.02.2020 under Section 174-A IPC against the petitioner in compliance of order dated 24.07.2019. It is further the case set up that the petitioner meanwhile settled the matter with respondent No.2 and made payment of the amount of dishonoured cheque to the complainant. On the basis of the compromise, the complaint was dismissed as withdrawn vide order dated 28.08.2020 (Annexure P-4).