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SUMEET GOEL, J. (ORAL)

The substantive prayer made in the petition in hand reads thus:

“It is, therefore, respectfully prayed that the present petition may kindly be allowed and quash the order dated 17.11.2017 (Annexure P-1) passed by Ld. Judicial Magistrate 1st Class Faridabad in case NACT/1176/2016 titled as “M/s Shivani Industries v. Nitin Saraswat” filed under section 138 of the Negotiable Instrument Act, 1881 vide which the petitioner was declared as ‘Proclaimed person' as well as the consequential FIR no.983 dated 16.12.2017 U/s 174-A of Indian Penal Code, 1860 registered at Police Station Mujesar District Faridabad (Annexure P-2) and all other subsequent proceedings arising from said FIR in the interest of justice.”

The impugned FIR (as set out in the petition in hand) reads thus:

“CNR No. HRFB03-004571-2016 NACT-1176-2016 M/s Shivani Industries v. Nitin Saraswat Present: Sh. Rajesh Khanna, counsel for complainant. Today the case was fixed for presence of accused Nitin Saraswat. Mandatory period of 30 days from the date of issuance of proclamation against him has expired but accused has not appeared before this Court. Case called since morning. But none has appeared o