The withdrawal of the main complaint under Section 138 of the Negotiable Instruments Act rendered the continuation of proceedings under Section 174-A of the IPC an abuse of the process of the Court.

JUDGMENT

ORDER

Vikas Bahl, J. (Oral). - This is a petition filed under Section 482 of Cr.P.C. with a prayer for quashing of FIR No.880 dated 20.05.2019 registered under Section 174-A of the Indian Penal Code, 1860 (hereinafter to be referred as 'the IPC') at Police Station Shivaji Nagar, Gurugram and all the consequential proceedings arising therefrom.

2. Learned counsel for the petitioner has submitted that Sunaura Technologies Private Limited had filed a complaint under Section 138 read with Section 142 of the Negotiable Instruments Act, read with Section 120-B and 420 IPC, against the present petitioner and two more accused. It is further submitted that the petitioner was not aware of the said proceedings and was declared a proclaimed person on 7.5.2018 by the learned Judicial Magistrate First Class, Gurugram, with a direction to the concerned Police Station, to initiate proceedings under Section 174-A IPC and on account of the same the impugned FIR was registered under Section 174-A IPC. It is further submitted that thereafter, the petitioner was arrested on 7.8.2019 and was granted bail and he compromised the matter with the complainant in the complaint under Section 138 of the Negotiable Instruments Act and vide order dated 16.1.2020, the said complaint under Section 138 of the Negotiable Instruments Act, has been withdrawn in view of the compromise. It is further submitted that since the main proceedings under Section 138 of the Negotiable Instruments Act, have already been compromised thus, keeping the present FIR alive would be an abuse of the process of the Court.

3. Notice of motion.

4. On advance notice, Mr. Munish Sharma, AAG, Haryana, appears and accepts notice on behalf of the State and has submitted that he is fully prepared to argue the matter and assist this Court. He has opposed the present petition under Section 482 Cr.P.C. and has submitted that the FIR has been registered in pursuance of order dated 7.5.2018 passed by the Judicial Magistrate First Class, Gurugram vide which the petitioner was declared as a proclaimed person.

5. This Court has heard the learned counsel for the parties and has perused the paper book.

6. A co-ordinate Bench of this Court in CRM-M-43813- 2018 titled as 'Baldev Chand Bansal vs. State of Haryana and another', decided on 29.01.2019 has held as under:-

'Prayer in this petition is for quashing of FIR No.64 dated 15.02.2017 filed under Section 174-A of the Indian Penal Code registered at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof as well as order dated 24.10.2016 passed by the trial Court vide which a direction was issued to register the aforesaid FIR.

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Learned counsel for the petitioner has relied upon the decisions rendered by this Court in ' Vikas Sharma vs. Gurpreet Singh Kohli and another (supra), 2017, (3) L.A.R.584, Microqual Techno Limited and others Vs. State of Haryana and another, 2015 (32) RCR (Crl.) 790 and 'Rajneesh Khanna Vs. State of Haryana and another' 2017(3) L.A.R. 555 wherein in an identical circumstance, this Court has held that since the main petition filed under Section 138 of the Act stands withdrawn in view of an amicable settlement between the parties, therefore, continuation of proceedings under Section 174A of IPC shall be nothing but an abuse of the process of law.

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In view of the same, I find merit in the present petition and accordingly, present petition is allowed and the impugned order dated 24.10.2016 passed by Judicial Magistrate, 1st Class, Panchkula as well as FIR No.64 dated 15.02.2017 registered under Section 174-A of the Indian Penal Code at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof, are hereby quashed.'

7. A perusal of the above judgment would show that in a similar case where the FIR had been registered under Section 174-A of the IPC in view of the order passed in proceedings under Section 138 of the Act of 1881, while declaring the pe