LAWS(P&H)-2023-11-47

JASWINDER SINGH RIAR Vs. STATE OF PUNJAB

Decided On November 30, 2023
Jaswinder Singh Riar Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C. the petitioner seeks quashing of FIR No.237 dtd. 27/12/2021 registered under Sec. 174-A IPC at P.S. City Rupnagar, District Rupnagar.

(2.) The petitioner was summoned to face trial in the complaint filed on behalf of respondent No.2 qua the offence under Sec. 138 of the Negotiable Instruments Act. The petitioner did not appear and was resultantly declared as proclaimed person which led to registration of present FIR.

(3.) Counsel for the petitioner refers to document (Annexure P-4) and the consequential order dtd. 2/6/2023 passed by the Court of Judicial Magistrate 1st Class, Ropar placed on record as Annexure P-5 to submit that the principal proceedings under Sec. 138 of the Negotiable Instruments Act already stands settled and withdrawn. Thus, the present FIR, which came into being for the reasons that petitioner was declared as proclaimed person in the principal proceedings, cannot survive.