Mahesh Gupta vs State of Haryana - 2023 Supreme(P&H) 2403

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2403

JASJIT SINGH BEDI
Mahesh Gupta – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Piyush Aggarwal, Advocate; For the Petitioner
Mr. Kanwar Sanjiv Kumar, Asst. A.G., Haryana.

JUDGMENT

Mr. Jasjit Singh Bedi, J. (Oral)

This is a petition under Section 482 of Cr.P.C. for quashing of the FIR No.732 dated 21.07.2018 (Annexure P-2) registered under Section 174A of IPC at Police Station Ballabhgarh City, Faridabad which was registered consequent to the order dated 02.06.2018 passed by the Judicial Magistrate, 1st Class, Faridabad (Annexure P-1) in NACT/482/2017 under Sections 138 and 142 of the NI Act, declaring the petitioner as proclaimed person.

2. The brief facts of the case are that in discharge of his legal liability, the petitioner/accused issued a cheque for an amount of Rs. 4,00,000/- in favour of the complainant. The said cheque came to be dishonoured. Pursuant thereto, as no payment was made in lieu of the dishonoured cheque, a complaint under Sections 138 & 142 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 02.06.2018 (Annexure P-1).

3. Thereafter, a compromise was effected between the parties and the complaint was ordered to be dismissed as withdrawn in terms of the order dated 12.09.2023 (Annexures P-3 & P-4). I

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