Back
HARKESH MANUJA
Boota Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Harkesh Manuja, J.
The petitioner, by way of present petition filed under Section 482 Cr.P.C., seeks quashing of order dated 18.09.2023 (Annexure P-1) passed by learned Judicial Magistrate 1st Class, Dasuya in complaint case CIS No. NACT/155/2022, dated 01.06.2022, titled “Avtar Singh Tulli Versus Boota Singh etc.”, whereby he was declared as proclaimed person, and all consequential proceedings arising therefrom, in view of the complaint in question having been dismissed as withdrawn vide order dated 09.12.2023 (Annexure P-4).
2. At the outset, learned counsel for the petitioner has drawn the attention of this Court to order dated 09.12.2023 (P-4) wherein the complaint in question under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’) stands withdrawn by the complainant based on an amicable settlement arrived at between the parties and the petitioner having made payment of the settled amount to the complainant. A prayer, therefore, has been made that in the aforementioned facts and circumstances, no purpose would be served by prosecuting the petitioner under Section 174-A of the IPC, moreso, when he was not involved in any other criminal cas
A person cannot be declared a proclaimed person if the underlying complaint has been withdrawn and there are no other criminal charges.
The declaration of a person as proclaimed under Section 82 Cr.P.C. is invalid if proper procedural requirements are not followed, including the court's satisfaction regarding the absconder's status.
Amicable settlement of disputes under Section 138 of the N.I. Act may justify the quashing of proceedings under Section 174-A of the IPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
