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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 on behalf of accused. It is already 03.30 P.M. No further wait is justified. Hence, accused Nitin Saraswat is hereby declared as proclaimed person. As the complainant had already been examined, hence evidence u/s 299 Cr.P.C not required. Complainant has not filed any list of properties of the accused, hence, proceedings under section 83 of CrPC are not initiated. Now, notice along with copy of this order be issued to SHO of concerned police station, Faridabad for 29.11.2017, with the direction to register a case against proclaimed person Nitin Saraswat, M/S R.B. Finance, C-36/122, Sai Tower, NIT-3, Faridabad, R/OH. No.3E/127, NIT-3 (behind Gita Bal Niketan School), Faridabad under section 174-A of IPC. Dated: 29.11.2017 Sagar Sd/- Jitender Kumar, Jitender Kumar JMIC/Faridabad UID No. HR-0465. Police Station:- Today an order no.1176-2016 dated 29.11.2017 of Hon'ble Court of SH. Jitender Kumar Judicial Magistrate-Ist Class is received in the police station with a direction to send the compliance report. On this, an FIR no.983 dated 16.12.2017 U/s 174-A IPC is registered in police station Mujesar and the computerized copies of the FIR are prepared and the same are being sent to the higher officials through post. I HC Hemrah is going on the spot with Nakal Missal police alongwith original writing. Note:- This FIR is registered in presence of HC Bijender Singh 643.”

Learned counsel for the petitioner has submitted that the impugned FIR, has its genesis, in a criminal complaint filed against the petitioner (herein) under Section 138 of the NI Act, in proceedings whereof the petitioner was declared as a proclaimed person & hence the impugned FIR came to be got registered against the petitioner. Learned counsel for the petitioner has argued that in the said case under Section 138 of the NI Act, the petitioner was released on bail, but later on, due to non-appearance of the petitioner, he was declared as proclaimed person, vide impugned order dated 17.11.2017 (Annexure P-1). Learned counsel has further argued that, pursuant to the said order, FIR in question under Section 174-A of IPC has been registered against the petitioner. Learned counsel has iterated that a compromise has been effected between the petitioner and the complainant, and, accordingly, complainant appeared before the Court below, made statement to the effect that he has compromised the matter with the accused and does not want to proceed further with the complaint. Based thereon, the complaint under Section 138 of the NI Act was dismissed as withdrawn, vide order dated 27.04.2018 (Annexure P-3) by the learned JMIC, Faridabad.

It has been further iterated that since the criminal complaint under Section 138 of NI Act, has already been withdrawn as the rival parties had entered into a settlement,