CRM-M-51708 IN THE HIGH COURT OF PUNJAB AND HARYANA 117 AMIT KUMAR STATE OF HARYANA CORAM: HON'BLE MR. JUSTICE Present: SURYA PRATAP SINGH 1. has been filed on the ground that the petitioner was declared proclaimed person. It has been submitted by learned counsel for the petitioner that the main case has already been dismissed as withdrawn by virtue of order dated 04.08.2025 petitioner. As per petitioner, s account of abovementioned order, the quashing of abovementioned order has been sought. 51708-2025 (O&M) 87 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH AMIT KUMAR VERSUS STATE OF HARYANA & ANR. CORAM: HON'BLE MR. JUSTICE SURYA PRATAP SINGH Mr. Rajinder Partap Singh Jammu Mr. Parveen Kumar Aggarwal, Addl. A.G., Haryana. Mr. Santosh Kumar Yadav, Advocate for respondent No.2. PRATAP SINGH, J (ORAL) This petition seeking for quashing of order dated 09.04.2025 has been filed on the ground that the petitioner was declared proclaimed person. It has been submitted by learned counsel for the petitioner that the main case, i.e. complaint under Section 138 of Negotiable Instruments Act has already been dismissed as withdrawn by virtue of order dated 04.08.2025 and that such dismissal of complaint amounts to acquittal of petitioner. As per petitioner, since the petitioner is apprehe account of abovementioned order, the quashing of abovementioned order has been sought. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51708-2025 (O&M) DECIDED ON: 16.09.202 .....PETITIONER VERSUS .....RESPONDENT SURYA PRATAP SINGH Rajinder Partap Singh Jammu, Advocate for the petitioner r Aggarwal, Addl. A.G., Haryana. Mr. Santosh Kumar Yadav, Advocate for respondent No.2. quashing of order dated 09.04.2025 has been filed on the ground that the petitioner was declared proclaimed person. It has been submitted by learned counsel for the petitioner that the mplaint under Section 138 of Negotiable Instruments Act has already been dismissed as withdrawn by virtue of order dated and that such dismissal of complaint amounts to acquittal of ince the petitioner is apprehending arrest on account of abovementioned order, the quashing of abovementioned order 1 (O&M) .2025 .....PETITIONER .....RESPONDENTS for the petitioner. quashing of order dated 09.04.2025 has been filed on the ground that the petitioner was declared proclaimed person. It has been submitted by learned counsel for the petitioner that the mplaint under Section 138 of Negotiable Instruments Act, has already been dismissed as withdrawn by virtue of order dated and that such dismissal of complaint amounts to acquittal of nding arrest on account of abovementioned order, the quashing of abovementioned order GAURAV THAKUR 2025.09.17 16:33 I attest to the accuracy and integrity of this document CRM-M-51708 2. counsel for the petitioner that by the lear person, he has apprehension that he may be arrested by the police. However, he has clarified that by now, any FIR IPC has not been lodged. 3. Section 174 been dismissed as withdrawn, petitioner is not founded of any legal basis as on disposal unless FIR under Section 174 cannot be any arrest of the petitioner by the police. order has become non 4. the present petition and the same is disposed of accordingly. 5. a direction to Gaurav Thakur Whether speaking/reasoned Whether reportable 51708-2025 (O&M) 87 With regard to above, it has also been submitted by learned counsel for the petitioner that on account of order dated 09.04.2025, passed by the learned trial Court, whereby the petitioner was declared proclaimed person, he has apprehension that he may be arrested by the police. However, he has clarified that by now, any FIR for an offence under Section 174 has not been lodged. In the given fact situation, once FIR Section 174-A of IPC has not been lodged and the complaint has already been dismissed as withdrawn, it is hereby held that petitioner is not founded of any legal basis as on disposal unless FIR under Section 174-A of IPC is lodged or complaint is filed, there cannot be any arrest of the petitioner by the police. order has become non-existent on disposal of complaint. In view of above, at this sta the present petition and the same is disposed of accordingly. The copy of this order be forwarded to learned trial Court with a direction to serve a copy of this order to the concerned police station. Whether speaking/reasoned :Yes/No Whether reportable : Yes/No 2 With regard to above, it has also been submitted by learned on account of order dated 09.04.2025, passed ned trial Court, whereby the petitioner was declared proclaimed person, he has apprehension that he may be arrested by the police. However, for an offence under Section 174-A of en fact situation, once FIR for an offence under has not been lodged and the complaint has already hereby held that the apprehension of the petitioner is not founded of any legal basis as on disposal of complaint, A of IPC is lodged or complaint is filed, there cannot be any arrest of the petitioner by the police. In fact, the impugned existent on disposal of complaint. In view of above, at this stage, apparently there is no merit in the present petition and the same is disposed of accordingly. The copy of this order be forwarded to learned trial Court with to the concerned police station. :Yes/No : Yes/No 2 With regard to above, it has also been submitted by learned on account of order dated 09.04.2025, passed ned trial Court, whereby the petitioner was declared proclaimed person, he has apprehension that he may be arrested by the police. However, A of for an offence under has not been lodged and the complaint has already the apprehension of the of complaint, A of IPC is lodged or complaint is filed, there In fact, the impugned ge, apparently there is no merit in The copy of this order be forwarded to learned trial Court with GAURAV THAKUR 2025.09.17 16:33 I attest to the accuracy and integrity of this document