PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Sanjay Kumar – Appellant
Versus
State Of Haryana – Respondent
ORDER :
Jasjit Singh Bedi, J. (Oral) :
This is a petition under Section 482 of Cr.P.C. for quashing of the FIR No.310 dated 07.04.2020 (Annexure P-1) registered under Section 174-A of IPC, 1860 at Police Station HTM Hisar, District Hisar, Haryana which was registered consequent to the order dated 19.12.2022 passed by the Judicial Magistrate, 1st Class, Hisar (Annexure P-4) declaring the petitioner as proclaimed person 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 a cheque No. 067179 dated 29.07.2017 for an amount of Rs. 25,500/- 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 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 19.12.2022 (Annexure P-4).
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 Thereafter, a compromise was effected between the parties and the complaint was ordered to be dismissed as withdrawn in terms of the order dated
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 ....
Proceedings under Section 174A IPC are an abuse of process when the underlying complaint is withdrawn following a settlement.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of proceedings under Section 174-A IPC is an abuse of process when the underlying complaint under Section 138 is withdrawn due to an amicable settlement.
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