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(2020) Law Today Live Doc. Id. 15763 = 2021(1) L.A.R. 310
Decided on: 28.12.2020
Present:
Mr. Manuj Chadha, Advocate for the petitioner (s).
Ms. Sheenu Sura, DAG, Haryana.
Mr. Nilesh Bhardwaj, Advocate, for respondent No.2.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Indian Penal Code, 1860 (45 of 1860), Section 174-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 -- Cheque bounce case – Proclaimed person -- FIR u/s 174-A of IPC – Settlement of complaint – Quashing of FIR -- Since the complaint u/s 138 of N.I.Act has been withdrawn, the order declaring the petitioner as proclaimed person has become redundant -- Under these circumstances, no useful purpose would be served by keeping the aforementioned FIR alive -- FIR u/s 174-A of IPC quashed along with all subsequent proceedings arising therefrom.
(Para 7, 8)
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KARAMJIT SINGH, J. (ORAL) –
1. Case has been heard through video conferencing on account of COVID-19 Pandemic.
2. The instant petition has been filed under Section 482 of the Cr.P.C. by the petitioner for quashing of FIR No.106 dated 16.2.2020 registered under Section 174-A of IPC at Police Station Mahesh Nagar, Ambala Cantt. and subsequent proceedings arising therefrom.
3. Counsel for the petitioner inter alia contends that respondent No.2 filed a criminal complaint under Section 138 of Negotiable Instruments Act against the petitioner in which the petitioner was declared as proclaimed person. Thereafter, FIR in question under Section 174-A of IPC was registered against her. It was contended that the petitioner was not aware about the pendency of any such complaint under Section 138 of Negotiable Instruments Act as well as the proclamation warrants issued against her by JMIC, Ambala. However, subsequently, when she became aware of the aforesaid complaint case and other proceedings, she approached respondent No.2 and entered into a settlement with it by paying the entire due amount. On the basis of the said compromise, the aforesaid criminal complaint under Section 138 of Negotiable Instruments Act filed by respondent No.2 was dismissed as withdrawn vide order dated 16.7.2020 (Annexure P-5).
4. On being put to notice, respondent No.1-State entered appearance and has not disputed the factum of compromise having been effected between the petitioner and respondent No.2 and the case under Section 138 of Negotiable Instruments Act having been withdrawn by respondent No.2 against the petitioner.
5. Counsel for respondent No.2 also admitted the aforesaid facts and pleaded no objection if the present petition is allowed.
6. Heard.
7. Since the complaint under Section 138 of Negotiable Instruments Act has been withdrawn, the order declaring the petitioner as proclaimed person has become redundant. Under these circumstances, no useful purpose would be served by keeping the aforementioned FIR alive.
8. Consequently, this petition is allowed and FIR No.106 dated 16.2.2020 registered under Section 174-A of IPC at Police Station Mahesh Nagar, Ambala Cantt. is quashed along with all subsequent proceedings arising therefrom.
Petition allowed.
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