Delhi High Court - Orders
Arvind Tyagi vs State Nct Of Delhi on 19 May, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3584/2023 & CRL.M.A. 13604/2023
ARVIND TYAGI
..... Petitioner
Through: Mr. Rajesh Anand, Adv. (through
VC)
Ms. Harleen, Adv.
versus
STATE NCT OF DELHI
..... Respondent
Through: Mr. Mukesh Kumar, APP
SI Naresh Kumar, PS Connaught Place
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 19.05.2023 CRL.M.A. 13603/2023-EX.
Allowed subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 3584/2023 & CRL.M.A. 13604/2023
1. This is a petition seeking quashing of the FIR No. 41/2017 dated 22.02.2017 registered under Section 174A at PS Connaught Place and consequential proceedings emanating therefrom.
2. A complaint under Section 138 of the NI Act was filed against the petitioner. The petitioner could not appear in the case and NBWs were issued against him. Subsequently, proceedings under Section 82 Cr.PC were initiated and the petitioner was declared as an absconder.
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3. Thereafter, an application was filed seeking cancellation of proceedings initiated under Section 82 Cr.PC against the petitioner. The said application was dismissed by the learned MM (NI Act), Patiala House Courts, New Delhi on 15.02.2017. Thereafter the petitioner, for the reasons best known, did not challenge the said order and 82 Cr.PC proceedings were finalised and the petitioner was declared an absconder.
4. Since the petitioner did not appear, an FIR was registered under Section 174A IPC.
5. Mr. Anand, learned counsel for the petitioner has drawn my attention to an order dated 23.02.2017, wherein it has been recorded that for bouncing of cheque for a sum of Rs. 1,03,000/-, the petitioner paid 2 DDs in the sum of Rs. 50,000/- and Rs. 53,000/- respectively. In addition, the petitioner also paid a sum of Rs. 25,000/- as costs to the complainant and hence, the proceedings under Section 138 of the NI Act against the petitioner were over.
6. Even though the petitioner has been careless in appearing before the Court, the complaint under Section 138 of the NI Act is already over against the petitioner. The petitioner also moved an application seeking recall of the order under Section 82 Cr.PC and showed his intent to appear before the concerned Court but since the application was dismissed, the petitioner did not appear.
7. For the said reasons, issue notice. Mr. Mukesh Kumar, learned APP accepts notice and has made oral submissions.
8. I am of the view that in the present case, the complaint under Section 138 of the NI Act already stands over as the entire amount along with This is a digitally signed order.
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9. The FIR is under Section 174A IPC for non-appearance before the learned MM. Once the complaint has been closed, I am of the view that the proceedings under Section 174A IPC would be a waste of judicial time as the petitioner has expressed his regret and undertakes to be more careful in future.
10. In addition, it is also stated by Mr. Anand, learned counsel for the petitioner that in the past there were medical issues in the family of the petitioner. There has also been Covid pandemic for about 2 years which prevented the petitioner from approaching the Court.
11. A Coordinate Bench of this Court in somewhat similar circumstances has quashed the proceedings in "Shamsuddin vs. The State (NCTof Delhi) & Anr." [(2018) : DHC : 6318].
12. For the said reasons, the FIR No. 41/2017 dated 22.02.2017 registered under Section 174A at PS Connaught Place and charge sheet as well as consequential proceedings emanating therefrom are hereby quashed subject to the petitioner depositing Rs. 5,000/- as costs with DSLSA.
13. The costs shall be paid within 4 weeks from today. The proof of payment of costs shall be placed on record, failing which the file will be put up before the Court.
14. The petition is disposed of in the aforesaid terms.
JASMEET SINGH, J MAY 19, 2023 / (MS) Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 16:53:27