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JASJIT SINGH BEDI
Akash Joshi – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral)
The prayer in the petition under Section 482 of Cr.P.C. for quashing of the FIR No.1431 dated 01.08.2019 (Annexure P-1) registered under Section 174-A of IPC at Police Station Shivaji Nagar, District Gurugram which was registered consequent to the order dated 13.06.2019 passed by the Judicial Magistrate, 1st Class, Gurugram (Annexure P-4) declaring the petitioners as proclaimed persons in a complaint case under Section 138 Negotiable Instruments Act, 1881.
2. The brief facts of the case are that in discharge of their legal liability, the petitioners/accused issued a cheque bearing No.503918 dated 30.05.2016 for an amount of Rs.1,09,365/- drawn on Axis Bank Ltd., Sector 62, Noida, U.P. 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 petitioners/accused and they were summoned to face trial. Subsequently, they were declared proclaimed persons vide order dated 13.06.2019 (Annexure P-4). Pursuant to the said order, an FIR No.1431 dated 01.08.2019
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Proceedings under Section 174A IPC are an abuse of process when the underlying complaint is withdrawn following a settlement.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of proceedings under Section 174-A IPC is an abuse of process when the underlying complaint under Section 138 is withdrawn due to an amicable settlement.
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