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JASJIT SINGH BEDI
Ashish Khod. – 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 FIR No.768 dated 04.09.2022 (Annexure P-1) under Section 174A IPC registered at P.S. Azad Nagar, Hisar, District Hisar, Haryana as well as subsequent proceedings arising out of the FIR as well as order dated 16.08.2022 (Annexure P-2) passed by the Judicial Magistrate Ist Class, Hisar whereby petitioner has been declared a proclaimed person in complaint case under Section 138 of the Negotiable Instruments, 1881 titled as Pardeep Kumar v. Ashish Khod .
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.9,00,000/- dated 09.10.2018 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 16.08.2022 (Annexure P-2) Pursuant to the said order, FIR No.768 dated 04.09.2022 (Annexure P-1) came to be
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Proceedings under Section 174A IPC are an abuse of process when the underlying complaint is withdrawn following a settlement.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 ....
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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