Radhika Chanana Vs State of Haryana and Another — Cheque Dishonour | Punjab & Haryana HC (2025)

Radhika Chanana Vs State of Haryana and Another — Cheque Dishonour | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; FIR No. 0146 dated 01.02.2020 under Section 174-A IPC registered at Police Station Panipat City, District Panipat, Haryana, alongwith all consequential proceedings arising therefrom, quashed qua the petitioner.

Issue for consideration

Whether FIR No. 0146 dated 01.02.2020 under Section 174-A IPC, registered at Police Station Panipat City and arising out of complaint NACT-2685-2017 (Section 138 NI Act), should be quashed. +1 more

Court's answer

Since the main complaint (NACT-2685-2017 under Section 138 NI Act) stands quashed by order dated 31.01.2024 passed in CRM-M-6962-2023, and the petitioner was declared proclaimed offender in sheer violation of Section 82 Cr.P.C. (now Section 84 BNSS 2023), no fruitful purpose would be served by continuing the proceedings in FIR No. 0146 dated 01.02.2020 under Section 174-A IPC.

Ratio / Principle

The petitioner was never served with the summoning orders or any bailable/non-bailable warrants at any stage during the course of trial.

Key takeaways

Continuation of proceedings in the instant FIR would tantamount to nothing else but an abuse of process of law, which would finally turn out to be a futile exercise.ratio¶¶31
Once the main case is dismissed, continuation of proceedings under Section 174-A IPC shall be an abuse of process of law — a principle laid down in several dictums of this Court, including the orders in CRM-M-46062-2017 (Jatin Dhawan) and CRM-M-12534-2022 (Krishan Kumar), on which reliance is placed.ratio¶¶32
The order declaring the accused-petitioner as proclaimed person was passed in utter violation of the procedure laid down under Section 82 Cr.P.C. (now Section 84 BNSS 2023); there was no occasion for the Court to declare the petitioner a proclaimed offender, so no useful purpose would be served by continuing the Section 174-A IPC proceedings.

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Sandeep Moudgil, J., oral), decided 23.05.2025 — CRM-M-28101-2025: Petition under Section 482 Cr.P.C. seeking quashing of FIR No. 0146 dated 01.02.2020, Section 174-A IPC, PS Panipat City, District Panipat, arising out of complaint NACT-2685-2017 dated 13.10.2017 under Section 138 NI Act, in which the petitioner was declared a proclaimed offender. The main complaint had already been quashed by this Court in CRM-M-6962-2023 vide order dated 31.01.2024; the petitioner was never served with summoning orders or bailable/non-bailable warrants at any stage, and the proclamation violated Section 82 Cr.P.C. (now Section 84 BNSS 2023). Relying on coordinate-Bench dicta (Jatin Dhawan, CRM-M-46062-2017; Krishan Kumar, CRM-M-12534-2022; Jinder Singh, CRM-M-55634-2022; Hari Singh Meena, CRM-M-45051-2022; and Ashok Madan, 2020 (4) RCR (Criminal) 87) holding that once the main case is dismissed/quashed, continuation of Section 174-A IPC proceedings is an abuse of process of law, the Court allowed the petition and quashed the FIR and all consequential proceedings arising therefrom qua the petitioner.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-28101-2025 DECIDED ON: 23.05.2025

RADHIKA CHANANA

.....PETITIONER

VERSUS

STATE OF HARYANA AND ANOTHER

.....RESPONDENTS

CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL

Present: Mr. Beleena Biju, Advocate (through Hybrid Mode) Mr. Sidhant Vermani, Advocate, Mr. Pranay Chitale, Advocate for the petitioner.

SANDEEP MOUDGIL, J (ORAL)

This is a petition under Section 482 of Cr.P.C., seeking quashing of the FIR No. 0146 dated 01.02.2020, under Section 174-A of IPC (Annexure P-1), registered at Police Station Panipat City, District Panipat, Haryana arising out of the complaint bearing No. NACT-2685-2017 dated 13.10.2017 under Section 138 of NI Act, 1881.

Learned counsel for the petitioner states that the main complaint bearing NACT-2685-2017 titled as M/s. Dhanpat Rai Shyam Lal vs. Amira Pure Foods Pvt. Ltd. & Ors. Dated 13.10.2017 , under Section 138 of Negotiable Instruments Act, in pursuance of which the petitioner was declared proclaimed offender leading to registration of the FIR No. 0146 dated 01.02.2020, under

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Section 174-A of IPC (Annexure P-1), stands quashed by this court in CRM-M6962-2023 vide order dated 31.01.2024 (Annexure P-2).

Learned counsel for the petitioner further submits that order declaring him PO as well as the FIR is bad in law on account of the fact that the petitioner was never served, as there is no evidence with regard to the service upon the petitioner in the complaint under Section 138 of Negotiable Instruments Act as she was residing at Dubai when the present complaint was lodged.

He places reliance upon judicial dictum rendered in the case of Jaskaran Singh Vs. State of Punjab, 2022 SCC Online P&H 3214 to support his arguments that if the main dispute has been resolved amicably between the parties, the continuation of proceedings under Section 174-A IPC may be deemed an abuse of the process of law.

Notice of motion.

Mr. Chetan Sharma, DAG Haryana accepts notice on behalf of respondent/State and does not controvert the above-said fact.

Heard, learned counsel for respective parties.

Since the main complaint has been quashed by this court vide order

dated 31.01.2024 passed in “CRM-M-6962-2023 titled as Radhika Chanan vs. State of Haryana” and the petitioner was declared PO in sheer violation of section 82 Cr.P.C (Now 84 BNSS,2023), no fruitful purpose would be served by continuing the proceedings in the instant FIR No. 0146 dated 01.02.2020, under Section 174-A of IPC (Annexure P-1) registered at Police Station Panipat city, District Panipat, Haryana

This Court is convinced on perusal of the pleadings and the submissions made by learned counsel for the petitioner that the petitioner was never served with the summoning orders or any bailable/non-bailable warrants at

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any stage during the course of trial, the continuation of proceedings in the instant FIR, would tantamount to nothing else, but an abuse of process of law, which will finally be turned to a futile exercise.

In view of the submissions made by learned counsel for the petitioner that the main complaint stands quashed, continuation of proceedings under Section 174-A of IPC would be abuse of process of law. Also, this principle has been laid down in several dictums of this Court and reliance can be placed upon the orders dated 20.07.2022 and 24.08.2022 respectively, passed by a coordinate Bench of this Court in CRM-M-46062-2017, titled as “Jatin Dhawan and another versus State of Haryana and another” and CRM-M-12534-2022, titled as “Krishan Kumar versus State of Haryana and another” , respectively wherein it has been held that once the main case is dismissed, the continuation of proceedings under Section 174-A IPC shall be an abuse of process of law.

Further reliance can be placed upon the orders of this Court dated 12.12.2022 and 13.12.2022 passed in CRM-M-55634-2022 titled as “ Jinder Singh Vs. State of Punjab and another” and CRM-M-45051-2022 titled as “ Hari Singh Meena Vs. State of Haryana”, respectively in this regard.

Another Co-ordinate Bench of this Court in a case titled as “Ashok Madan vs. State of Haryana and another” reported as 2020 (4) RCR (Criminal) 87 has also held as under:-

“No doubt, the learned counsel for the respondent has vehemently argued that the offence under Section 174-A I.P.C. is independent of the main case, therefore, merely because the main case has been dismissed for want of prosecution, the present petition cannot be allowed, however, keeping in view the fact that the present FIR was registered only on account of absence from the proceedings in the main case which had been subsequently regularised by the court while granting bail to the petitioner, the default stood condoned. In

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such circumstances, continuation of proceedings under Section 174A I.P.C. Shall be abuse of the process of court.

Accordingly, the petition is allowed. FIR No.446 dated 21.08.2017, registered under Section 174-A I.P.C. At Police Station Kotwali, District Faridabad, as well as consequential proceedings shall stand quashed.”

Once the main complaint bearing No. NACT-2685-2017 dated 13.10.2017 stands quashed by this court on 31.01.2024 passed in “CRM-M-6962-

2023 titled as Radhika Chanan vs. State of Haryana” and order declaring the accused-petitioner as proclaimed person was passed in utter violation of the procedure laid down under Section 82 Cr.P.C (Now 84 BNSS,2023), no useful purpose would be served by continuing the proceedings under Section 174-A IPC, once there was no occasion for the Court to declare him PO.

Keeping in view the above-said facts and circumstances, the present petition is allowed and the FIR No. 0146 dated 01.02.2020, under Section 174-A of IPC (Annexure P-1), registered at Police Station Panipat city, District Panipat, Haryana alongwith all consequential proceedings arising therefrom, is hereby quashed qua the petitioner.

(SANDEEP MOUDGIL) 23.05.2025 JUDGE Meenu

Whether speaking/reasoned Yes/No Whether reportable Yes/No

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