Khushdeep Singh vs State of Punjab & Anr.

SURYA PARTAP SINGH, J. (Oral):

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, hereinafter being referred to as ‘BNSS’, whereby the quashing of FIR No.450 dated 03.10.2025, Police Station City Barnala, District Barnala, for the commission of offence under Section 174-A of Indian Penal Code, has been sought.

It has been pleaded by the petitioner that a complaint for the commission of offence punishable under Section 138 of Negotiable Instruments Act, hereinafter being referred to as ‘N.I. Act’, was filed against him in the Court of learned Judicial Magistrate First Class Barnala, hereinafter being referred to as ‘trial Court’ only, with regard to dishonour of a cheque. The petitioner has further alleged that during the abovementioned trial, due to non-appearance of petitioner on account of his health issue, the learned trial Court, by virtue of order dated 16.11.2022, declared him a proclaimed person, which led to filing of FIR in question.

The petitioner has further pleaded that when he came to know about the abovementioned proceedings, he surrendered before the Court and sought bail in the complaint case. As per petitioner, in the abovementioned complaint, on receipt of due amount, the dispute between the petitioner and the complainant has been duly settled. According to learned counsel for the petitioner, the complaint filed by the complainant has already been withdrawn, and therefore, the same has been dismissed by the Presiding Officer, National Lok Adalat, Barnala, vide order dated 09.05.2026.

According to petitioner, once the main case wherein he was summoned as accused, stands settled, the FIR in question deserves to be quashed.

Notice of motion.

Mr. Eklavya Darshi, Deputy Advocate General, Punjab appears on behalf of respondent-State. Hence service of notice upon the State is hereby dispensed with.

Heard.

It has been contended by learned counsel for the petitioner that the main dispute, between the petitioner and the complainant, was with regard to dishonour of cheque, and that the abovementioned prosecution under Section 138 of N.I. Act already stands decided, as the complaint had been withdrawn by the complainant. According to learned counsel for the petitioner, once the main case stands settled between the parties, the present FIR under Section 174-A IPC deserves to be quashed.

The learned State Counsel has controverted the abovementioned arguments. As per learned State Counsel mere payment of money by the petitioner to the complainant cannot absolve him of the criminal liability with regard to dishonour of cheque. As per learned State Counsel, there is no merit in the present petition and the same deserves dismissed.

The record has been perused carefully.

A perusal of record shows that in the present case, there is no dispute qua the fact that there was a complaint filed by the complainant against the petitioner, for the commission of offence under Section 138 of NI Act. It is also an undisputed fact that the abovementioned complaint has already been dismissed by the Presiding Officer, National Lok Adalat, Barnala, as the same has been withdrawn by the complainant on 09.05.2026.

In the backdrop of abovementioned facts, the principles of law laid down by the Hon’ble Supreme Court of India in the case of ‘Daljit Singh Vs. State of Haryana and Another’, 2025(1) RCR (Criminal) 406’, are applicable. In the abovementioned case, the Hon’ble Supreme Court of India, while dealing with identical situation, quashed the FIR under Section 174-A IPC.

Taking into consideration the fact that the present case is squarely covered by the principles of law laid down by the Hon’ble Supreme Court of India in the case of ‘Daljit Singh’ (supra), I hold that in the given fact-situation, once the main case stands dismissed as withdrawn, the FIR under Section 174-A of IPC amounts to abuse of process of law and deserves to be quashed. The same is hereby quashed accordingly.

With these observations, the present petition is hereby disposed of, accordingly.

Pending miscellaneous application(s), if any, shall stand disposed of.