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JASJIT SINGH BEDI
Anil Lamba – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J. (Oral)
This is a petition under Section 482 of Cr.P.C. for quashing of FIR No.116 dated 21.02.2023 (Annexure P-2) under Section 174-A IPC registered at P.S. Karnal City District Karnal on the basis of the fact that the main complaint no.NACT 3595/20221 instituted on 2.12.2021 under section 139 of the Negotiable Instruments Act has already been dismissed as withdrawn vide order dated 27.03.2023 (Annexure P-4).
2. The brief facts of the case are that in discharge of his legal liability, the petitioner/accused issued two cheques for amount of Rs.1,00,000/- dated 23.07.2021 and Rs.1,60,000/- dated 23.7.2021 in favour of complainant. The said cheques 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 04.01.2023. Pursuant to the said order, FIR No.116 dated 21.02.2023 (Annexure P-2) came to be registered under Section 174-A of IPC at Police Station Karnal City, District Karnal against him.
3. The
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.
Proceedings under Section 174A IPC are an abuse of process when the underlying complaint is withdrawn following a settlement.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 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 ....
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of proceedings under Section 174-A IPC is an abuse of process when the underlying complaint under Section 138 is withdrawn due to an amicable settlement.
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.
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