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SANJIV BERRY
Baljit Kaur – Appellant
Versus
Ranjit Hospital – Respondent
JUDGMENT
Mr. Sanjiv Berry, J. (Oral)
The instant petition has been preferred by the petitioner under Section 482 of the Code of Criminal Procedure for seeking quashing of the FIR No. 94 dated 30.04.2021 registered under Section 174A at Police Station Cantonment, District Police Commissionerate Amritsar (Annexure P-5) and order dated 03.12.2019 (Annexure P-3) passed by the learned Judicial Magistrate First Class, Amritsar, whereby the petitioner was declared as proclaimed person in Complaint No. NACT 4749/2018 dated 28.08.2018 titled as "Ranjit Hospital v. Baljit Kaur" (Annexure P-1) and subsequent proceedings arising out of the same.
2. In nutshell, the brief facts of the case are that petitioner obtained a friendly loan from the complainant and issued a cheque in lieu thereof. On presentation of cheques the same was dishonoured and the complainant filed complaint under Section 138 of the Negotiable Instrument bearing No. NACT 4749/2018 dated 28.08.2018 titled as "Ranjit Hospital v. Baljit Kaur" (Annexure P-1) against the petitioner and summons were issued and petitioner failed to appear before the Court and vide order dated 03.12.2019(Annexure P-3) petitioner was declared as proclai
Withdrawal of a complaint under Section 138 of the Negotiable Instruments Act nullifies the basis for subsequent proceedings under Section 174A IPC, preventing abuse of process.
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 ....
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of proceedings under Section 174-A IPC is an abuse of process when the underlying complaint under Section 138 is withdrawn due to an amicable settlement.
Proceedings under Section 174A IPC are an abuse of process when the underlying complaint is withdrawn following a settlement.
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