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.

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 proclaimed person and case under Section 174A IPC was registered against the present petitioner.

3. It is, inter alia contended by learned counsel for the petitioner that a criminal complaint NACT 4749/2018 dated 28.08.2018 titled as "Ranjit Hospital v. Baljit Kaur" (Annexure P-1) was filed against the petitioner wherein the learned trial Court declared the petitioner as proclaimed person vide order dated 03.12.2019 (Annexure P-3) and later on she was arrested and was granted concession of bail. During the course of proceedings compromise was effected between the parties and complainant had withdrawn the complaint vide order dated 20.05.2023 (Annexure P-7). He submits that the FIR dated 30.04.2021 Annexure (P-5) was registered on the basis of the order dated 24.02.2021 (Annexure P-4) and petitioner was declared as proclaimed person vide order dated 03.12.2019 (Annexure P-3) passed by learned Judicial Magistrate First Class Amritsar in the aforesaid complaint. Since the complaint in question has been withdrawn vide order dated 20.05.2023 (Annexure P-7) the impugned orders stands culminated and continuation of the instant FIR on the basis of impugned order would be abuse of process of law. He has referred to the judgments cited as Harbans Singh v. State of Haryana, and another, CRM-M-56596 of 2022, AIR Online 2022 (P and H) 1035; Aditya Goyal v. State of Haryana, CRM- M-11269 of 2019: AIR Online 2019 (P and H) 2070; Lakhwinder Singh v. State of Punjab, CRM-M- 37155-2021; CRM-M-16528 of 2023, Harnek Singh v. State of Haryana; CRM-M-52319-2021, Sharvan Kumar Singh @ Sarvan Singh v. State of Haryana; CRM-M-4344 of 2017, Anil Kumar v. State of Punjab and another; to argue that since the main complaint filed under Section 138 of the Negotiable Instrument Act has been withdrawn by the complainant on the basis of amicable settlement, therefore, the present proceedings arising out of the FIR dated 30.04.2021 (Annexure P-5) under Section 174A IPC shall be quashed and consequential proceedings arising therefrom be also set aside.

4. The learned State counsel on instructions from ASI, Hardip Kumar has admitted the factum of compromise and withdrawal of complaint under Section 138 of the Negotiable Instrument Act, against the petitioner vide order dated 20.05.2023 (Annexure P-7).

5. I have heard the respective submission made by the learned counsel for the parties.

6. After considering the rival contentions and perusing the record, it is not disputed that a complaint was filed under Section 138 of the Negotiable Instrument Act against the petitioner and the present petitioner was declared proclaimed person vide order dated 03.12.2019 (Annexure P-3) in the said complaint and on the basis thereof, the impugned FIR No.94 dated 30.04.2021 (Annexure P-5) was registered agains