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(2022) Law Today Live Doc. Id. 16731 = 2022(1) L.A.R. 399
Decided on: 02.05.2022
Present:
Ms. Neeru Bansal, Advocate for the petitioner.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Indian Penal Code, 1860 (45 of 1860), Section 174-A -- Proclaimed person – Quashing of FIR u/s Section 174-A – Compromise in cheque bounce case – Complaint has been dismissed as withdrawn -- Petition allowed, FIR and consequential proceedings quashed.
(Para 1-5)
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HARINDER SINGH SIDHU, J. –
1. Present petition filed under Section 482 Cr.P.C. is for quashing of FIR No.555 dated 22.09.2021, under Section 174-A IPC registered at Police Station Civil Lines Karnal, District Karnal and all consequential proceedings arising therefrom.
2. A complaint under Section 138 of the Negotiable Instruments Act, 1881 was filed against the petitioner on account of dishonour of a cheque.
3. On account of the failure of the petitioner to attend the Court, proclamation proceedings were initiated against him and he was declared a proclaimed person vide order dated 26.07.2021. FIR under section 174-A IPC was consequently registered against him. During the pendency of the complaint, the petitioner paid the entire amount and the matter was compromised. Accordingly, the said complaint has been dismissed as withdrawn vide order dated 09.11.2021.
4. Learned counsel for the petitioner submits that the procedure as contemplated under section 82 Cr.P.C. was not complied with before the petitioner was declared as proclaimed person. In any case, she submits that in view of the complaint having been withdrawn the continuance of the proceedings under Section 174-A IPC, would not be in the interest of justice.
5. Consequently, the present petition is allowed. FIR No.555 dated 22.09.2021, under Section 174-A IPC registered at Police Station Civil Lines Karnal, District Karnal and consequential proceedings are quashed.
6. Disposed of accordingly.
Petition allowed.
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