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DEEPAK MANCHANDA
Ashish Tyagi – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Deepak Manchanda, J.
By way of present petition, the petitioner is seeking quashing of FIR No.327 dated 18.08.2018 under Section 174-A IPC registered at Police Station Faridabad Old, District Faridabad (Annexure P2) as a sequel of order dated 28.11.2017 passed by JMIC, Faridabad in complaint bearing No.NACT/1232/2016 filed under Section 138 of the Negotiable Instruments Act 1881 and consequential proceedings arising therefrom.
2. Learned counsel for the petitioner refers to order dated 19.03.2021 (Annexure P4) passed by the trial Court, whereby the complainant withdrew the complaint filed under Section 138 of Negotiable Instruments Act 1881, acknowledging the fact that accused has made the entire payment.
3. Precisely the contention of learned counsel for the petitioner is that once the complaint filed under Section 138 of the NI Act stands withdrawn and the liability which was alleged against the petitioner stands satisfied, the present proceedings under Section 174-A IPC should not be allowed to continue.
4. Notice of motion.
5. Mr.Bhupender Singh, DAG Haryana, who is present in the Court, accepts notice on behalf of respondent No.1-State and admitted the fact that wh
Proceedings under Section 174-A IPC cannot continue post-withdrawal of the main complaint under Section 138 of the Negotiable Instruments Act, as it constitutes an abuse of the process of law.
Continuation of proceedings under Section 174-A IPC is an abuse of process when the underlying complaint under Section 138 is withdrawn due to an amicable settlement.
Continuation of proceedings under Section 174-A IPC is an abuse of the process of law when the main complaint under Section 138 of the Negotiable Instruments Act is withdrawn due to a compromise.
Continuation of proceedings under Section 174-A IPC after withdrawal of the main complaint due to settlement between the parties is an abuse of the process of law.
The withdrawal of the complaint under Section 138 of the Negotiable Instruments Act due to a settlement between the parties led to the quashing of the FIR under Section 174-A.
The withdrawal of the main petition under Section 138 of the Negotiable Instruments Act, due to an amicable settlement between the parties, renders the continuation of proceedings under Section 174-A....
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