Proclaimed person – Quashing of FIR u/s 174-A of IPC -- Complaint u/s 138 of N.I. Act withdrawn by complainant as compromised – Case of the petitioner that he was not aware of the proceedings u/s 138 of the Act of 1881 and was subsequently arrested and released on bail -- Order declaring the petitioner as proclaimed person would prove to be insignificant inasmuch as the main complaint u/s 138 of the Act itself has been withdrawn -- Petition allowed -- FIR u/s 174-A of the IPC and all the subsequent proceedings arising therefrom quashed/set aside.

(P&H HC) Decided on: 02.06.2022

Proclaimed person -- FIR u/s 174-A IPC – Compromise in complaint u/s 138 NI Act case – Complaint was dismissed as withdrawn – FIR u/s 174-A of IPC and all consequential proceedings arising therefrom quashed.

(P&H HC) Decided on: 08.04.2022

Proclaimed person – Quashing of FIR-- Non-appearance of the petitioner before Ld. Trial Court is justified for the reason that he was not served at the given address -- After passing of the order, the petitioner has been granted anticipatory bail -- Matter compromised, complainant has withdrawn the complaint u/s 138 of the NIA Act -- Continuation of criminal proceedings against the petitioner under Section 174-A IPC would amount to abuse of process of law – Order declaring proclaimed person and subsequent FIR quashed.

(P&H HC) Decided on: 26.10.2017

Proclaimed person – Quashing of FIR-- Petitioner could not appear before the trial Court as he was stated to have not been served at the address, where he was residing -- After the passing of the impugned order declaring him as a proclaimed person, he had surrendered before the trial Court and was ordered to be released on bail -- In such circumstances, especially, when the petitioner has duly surrendered before the trial Court, continuation of proceedings under Section 174-A IPC would be an abuse of the process of Court.

(P&H HC) Decided on: 13.09.2017

Closing of evidence – Order, closing the evidence of the complainant, on the date when the accused himself was not present is not justified and accordingly, the same is set aside.

(P&H HC) Decided on: 02.08.2017

Non-bailable warrant – Accused remained absent without any intimation to the trial Court that is why the trial Court forfeited his surety and issued non-bailable warrants -- Without finding any fault with the order of the trial Court and Sessions Court, looking to the peculiar facts that the cheque amount of Rs.1,00,000/- is involved and the case being u/s 138 NI Act, there is no point to put the petitioner in custody – Non-bailable warrant set-aside, petitioner is granted anticipatory bail on the bail bonds earlier furnished by him before the trial Court.

(P&H HC) Decided on: 26.07.2017

Proclamation order u/s 82 Cr.P.C. – Quashing of FIR u/s 174-A – Inherent jurisdiction of High Court -- Held, looking to the nature of the prosecution against the petitioner-accused under Section 138 of the Act, it would make no difference if he allowed a chance to participate in the prosecution against him, without finding any fault with the trial Court's order -- Petitioner will have to furnish bail bonds with the trial Court on his appearance before the trial Court and shall attend the trial with promptitude for its disposal in accordance with law – In that view of the matter, proclamation order and consequent FIR u/s 174-A of IPC are quashed under the inherent powers of High Court.

(P&H HC) Decided on: 31.03.2017

Proclaimed person – Anticipatory bail -- Point for determination is whether the petitioner has been rightly declared proclaimed offender -- Otherwise also, the offence u/s 138 of the Act is bailable in nature -- Petitioner has already given an undertaking that he would submit to the process of law and would furnish the bail bonds to the satisfaction of the trial Court – Direction given to the petitioner to appear before trial court and furnish bail bond has been complied with – Interim order is made absolute.

(P&H HC) Decided on: 07.04.2015