NARINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Sec. 482 of Cr.P.C. for quashing the FIR No.56 dtd. 12/6/2017 registered under Sec. 174-A IPC (Annexure P-1) at Police Station Cantt. Ferozepur, District Ferozepur and all subsequent proceedings arising therefrom including the order dtd. 17/3/2018 whereby the charges under Sec. 174-A IPC have been framed against the petitioner in view of the fact that the main complaint under Sec. 138 NI Act was withdrawn by the complainant/respondent No.2 vide order dtd. 21/8/2018 (Annexure P-6) as the matter was compromised between the parties.

(2.) The learned counsel for the petitioner has submitted that respondent No.2 had filed complaint under Sec. 138 of the Negotiable Instruments Act bearing No.NACT/487/2015 (CNR No.PBFZ03-001342-2015) titled as'Kunwar Partap Versus Narinder' under Ss. 138, 142 of the Negotiable Instruments Act read with Sec. 420 IPC in the Court of learned Chief Judicial Magistrate, Ferozepur. It is further stated that the petitioner was summoned to appear before the learned Trial Court in the above titled complaint case but the petitioner failed to appear before the learned Trial Court. It is also submitted that talks had already been going on between the parties to the above titled complaint. The learned Trial Court vide order dtd. 11/3/2014 issued the proclamation regarding requiring the appearance of the accused/petitioner under Sec. 82 Cr.P.C. for 13/4/2014. Thereafter, the learned Trial Court vide order dtd. 15/4/2014 had declared the petitioner as absconder and sent the intimation in this regard to the Police Station concerned as well as to the Senior Superintendent of Police, Ferozepur to take necessary action against the accused/petitioner under Sec. 174-A IPC. Thereafter, in an application for grant of anticipatory bail, the learned Sessions Court, Ferozepur directed the petitioner to surrender before the Investigating Officer and join the investigation vide order dtd. 10/8/2017. Accordingly, the present petitioner joined the investigation in view of the order dtd. 10/8/2017 and thereafter, the learned Additional Sessions Judge, Ferozepur vide order dtd. 6/9/2017 allowed the grant of anticipatory bail. It is also submitted that the final report under Sec. 173 Cr.P.C. has been filed before the learned Trial Court and charges under Sec. 174-A IPC have been framed against the petitioner vide order dtd. 17/3/2018 (Annexure P-5). Meanwhile, in the aforesaid complaint under Sec. 138 of the Negotiable Instruments Act filed by respondent No.2, a compromise has been effected between the parties and the statements of the parties with regard to the factum of compromise had also been recorded before the learned Trial Court. In view of that compromise, the complaint stands dismissed as withdrawn vide order dtd. 21/8/2018 (Annexure P-6), passed by the learned Judicial Magistrate, 1st Class, Ferozepur. It is further contended that no other complaint is filed by the complainant/respondent No.2 against the petitioner. It is submitted that the petitioner was never served in the said proceedings and he learnt about the said proceedings only after the police raided his house, after being declared as absconder. On learning about the same, the petitioner compromised the matter with the complainant/respondent No.2. He has further submitted that the matter has already been compromised pursuant to which, the complainant had appeared before the learned Judicial Magistrate, 1st Class, Ferozepur on 21/8/2018 and made a statement qua the same (P-6), whereupon the complaint in question has been permitted to be withdrawn.

(3.) Initially, the respondent No.2 was represented but now none has appeared on his behalf.