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JASJIT SINGH BEDI
Rajiv Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Jasjit Singh Bedi, J. (Oral)
This is a petition under Section 482 of Cr.P.C. for quashing of the FIR No.0148 dated 05.06.2023 (Annexure P-4) registered under Section 174A of IPC, 1860 at Police Station City Rajpura, District Patiala which was registered consequent to the order dated 16.02.2019 (Annexure P-2) passed by the Judicial Magistrate, 1st Class, Rajpura declaring the petitioner as a proclaimed offender in a complaint case under Section 138 Negotiable Instruments Act, 1881.
2. The brief facts of the case are that in discharge of his legal liability, the petitioner/accused issued three cheques i.e. Cheque No.454150 dated 19.09.2017 for a sum of Rs.1,00,000/-, Cheque No.454151 for an amount of Rs.1,00,000/- and Cheque No.454152 dated 04.10.2017 for an amount of Rs.50,000/- in favour of the complainant. The said cheques came to be dishonoured. Pursuant thereto, as no payment was made in lieu of the dishonoured cheques, 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 offender vide order dated 16.02.2019 (Annexure P-2). Pursuan
Proceedings under Section 174A IPC are an abuse of process when the underlying complaint is withdrawn following a settlement.
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 ....
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.
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of proceedings under Section 174-A IPC is an abuse of process when the underlying complaint under Section 138 is withdrawn due to an amicable settlement.
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