LAWS(P&H)-2022-12-105

SANJEEV KUMAR Vs. STATE OF HARYANA

Decided On December 19, 2022
SANJEEV KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) By way of present petition, petitioner - Sanjeev Kumar seeks quashing of FIR No. 0348, dtd. 17/2/2020, under Sec. 174-A IPC (Annexure P-1), registered at Police Station Ambala City, as well as all the consequential proceedings arising therefrom.

(2.) Brief facts of the case are that Sanjay Bhatia had filed a complaint, bearing No. COMA/2269/2016, dtd. 23/11/2016, titled as "Sanjay Bhatia v. Sanjeev Kumar", under Sec. 138 of the Negotiable Instruments Act, 1881, in the court of learned Judicial Magistrate Ist Class, Ambala, against the petitioner. Due to non-appearance of the petitioner in the said complaint case, he was declared as a proclaimed person, vide order dtd. 23/4/2018 (Annexure P-9), passed by learned Judicial Magistrate Ist Class, Ambala, and it was directed to register FIR under Sec. 174-A IPC against the present petitioner. Accordingly, aforementioned FIR was registered.

(3.) Learned counsel for the petitioner refers to the statement of complainant Sanjay Bhatia, dtd. 9/6/2022 (Annexure P-11), made before learned Judicial Magistrate Ist Class, Ambala, which reads as under:-