JASPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 BNSS, 2023 for quashing of FIR No.309 dtd. 2/4/2023 registered under Sec. 174-A IPC at Police Station Civil Line, Sirsa (Annexure P-1) arising out of case bearing No.NACT/522/2022 titled as Vipin vs. Jaspal' registered under Sec. 138 NI Act before the learned Judicial Magistrate Ist Class, Sirsa and all the subsequent proceedings arising out of the same.

(2.) The brief facts of the present case are that a complaint under Sec. 138 of Negotiable Instruments Act, 1881 was filed against the petitioner, wherein the petitioner was declared as proclaimed person vide order dtd. 24/3/2023 and subsequently, FIR (supra) was registered.

(3.) Learned counsel for the petitioner submits that the petitioner has made the entire payment to the complainant. Further, the complainant has withdrawn the complaint on 9/1/2025, which was pending before the learned trial Court. Learned counsel furthermore submits that the petitioner was never served and was declared proclaimed person without following the drill of Sec. 82 Cr.P.C. Further, the mandatory drill of Sec. 195 Cr.P.C. has also not been followed in its letter and spirit by the trial Court.