IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No. M-5523 of 2011 Date of Decision:25.02.2011 Sharad Kumar .....Petitioner Vs. Bhupender Nagpal .....Respondent CORAM:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Pankaj Nanhera, Advocate for the petitioner. **** DAYA CHAUDHARY, J.(Oral) This petition has been filed under Section 482 Cr.P.C for quashing of complaint bearing No.576 dated 16.7.2003 registered under Section 138 of Negotiable Instruments Act, 1881. Learned counsel for the petitioner submits that because of the change of the address, the petitioner could not be served and PO proceedings were initiated against the petitioner and vide order dated 20.10.2010, the petitioner was declared Proclaimed Offender. Learned counsel for the petitioner also submits that now the matter has been compromised with the complainant and the complainant has no objection in quashing of the FIR. Compromise deed is appended as Annexure P-3 with the petition. As per compromise, amount in dispute has been paid to the complainant through cheque, which is Annexure P-4. Heard the arguments of learned counsel for the petitioner and have also gone through the impugned order as well as other documents available on file. Crl. Misc. No. M-5523 of 2011 -2- Since the petitioner was declared Proclaimed Offender as no service was effected upon him due to change of the address given in the complaint as earlier accommodation was on rent. Admittedly, the petitioner was not aware with regard to PO proceedings and even in the impugned order, nothing is there that the petitioner did not attend the Court proceedings wilfully or avoided the service of the Court in any manner. Moreover, the petitioner has paid the due amount to the complainant in terms of compromise and now the complainant has no objection in quashing of the complaint. In view of the submission made by learned counsel for the petitioner and the reasons mentioned above, order dated 20.10.2010 declaring the petitioner as Proclaimed Offender is set aside and the petitioner is directed to surrender before the trial Court and in case the petitioner surrenders, the trial Court is directed to release the petitioner on bail on furnishing of bail bonds and surety bonds to its satisfaction and trial Court is also directed to record the statement with regard to compromise between the parties and if the trial Court comes to the conclusion that the compromise has been effected and the complainant has no objection in quashing of the FIR, necessary order be passed in accordance with law. Petition is disposed of accordingly. February 25, 2011 ( DAYA CHAUDHARY ) renu JUDGE