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2022 Supreme(P&H) 2038

VIKAS BAHL
Randhir Singh Tyagi – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Pushpinder Kaushal, Advocate, for the Appellant; Mr. Dhruv Sihag, AAG, Haryana, for the Respondent

ORDER

1. This is a petition under Section 482 of Cr.P.C. for quashing of FIR No.217 dated 16.02.2020, registered under Section 174-A of IPC (Annexure P-1), at Police Station Baldev Nagar, District Ambala and all other subsequent proceedings arising therefrom.

2. Learned counsel for the petitioner has submitted that the State Bank of India had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the NI Act') and in the said proceedings the petitioner was declared a proclaimed person, vide order dated 18.12.2017 (Annexure P-2) and the concerned SHO was directed to register an FIR under Section 174-A IPC and in pursuance of the said order, the present FIR has been registered. It is further submitted that the petitioner had paid all his dues to the State Bank of India and thus, the State Bank of India through its counsel had withdrawn the complaint filed under Section 138 of the NI Act and the said fact is apparent from the order dated 30.08.2022 (Annexure P-7). It is also submitted that the petitioner has also been granted the concession of anticipatory bail vide order dated 15.05.2020 (Annexure P-5) by the Additional Sessions Judge, Ambala in the pres

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