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JASJIT SINGH BEDI
Arvinder Singh. – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral)
This is a petition under Section 482 of Cr.P.C. for quashing of the order dated 22.07.2019 (Annexure P-9) passed by the Judicial Magistrate, 1st Class, Yamuna Nagar at Jagadhari, whereby the petitioner has been declared a proclaimed person in complaint case under Section 138 of the Negotiable Instruments, 1881 bearing No. NIA -1988-2017 titled as "M/s Gulshan Jewellers v. Arvinder Singh" and the consequential FIRs No.1203 and 1243 both dated 03.10.2019 (Annexure P-10 & P-11) registered under Section 174A IPC at Police Station City Jagadhri, District Yamuna Nagar.
2. The brief facts of the case are that in discharge of his legal liability, the petitioner/accused issued a cheque for amount of Rs.1,00,000/- dated 07.09.2017 in favour of respondent No.2-complainanat. The said cheque came to be dishonoured. Pursuant thereto, as no payment was made in lieu of the dishonoured cheque, a complaint under section 138 of Negotiable Instruments Act came to be instituted against the petitioner/accused and he was summoned to face trial. Subsequently, he was declared a proclaimed person vide order dated 22.07.2019 (Annexure P-9) Pursuant to the said order, FIR
Withdrawal of a complaint under Section 138 of the NI Act leads to quashing of FIR under Section 174A IPC, as continuing proceedings is an abuse of process.
Continuation of proceedings under Section 174-A IPC after withdrawal of the main complaint under Section 138 of Negotiable Instruments Act is an abuse of the process of law and warrants the quashing ....
Proceedings under Section 174A IPC are an abuse of process when the underlying complaint is withdrawn following a settlement.
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of proceedings under Section 174-A IPC is an abuse of process when the underlying complaint under Section 138 is withdrawn due to an amicable settlement.
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