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(2022) Law Today Live Doc. Id. 17412 = 2023(2) L.A.R. 533
Decided on: 26.12.2022
Present:
Mr. D.S. Dhakla, Advocate for the petitioner.
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 482 – Cheque bounce case – Quashing of FIR u/s 174-A IPC -- Complaint u/s 138 of the Act was compromised and the complaint stood dismissed as withdrawn – Held, continuation of proceedings u/s 174-A IPC shall be an abuse of process of law -- Petition allowed and FIR u/s 174-A IPC along with all the subsequent proceedings arising therefrom quashed.
(Para 8, 9)
Cases referred:
2. Microqual Techno Limited and others Vs. State of Haryana and another, 2015 (32) RCR (Crl.) 790.
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ARVIND SINGH SANGWAN J. (ORAL) –
1. Request for fixed today is accepted.
2. The Registry is directed to list this case and assign case number.
3. Prayer in this petition is for quashing of FIR No.1030 dated 27.11.2022 registered under Section 174-A IPC at Police Station Karnal Civil Lines, District Karnal, and subsequent proceedings arising therefrom.
4. Learned counsel for the petitioner has argued that the FIR was registered in pursuance to an order dated 29.10.2022 passed in the proceedings under Section 138 of the Negotiable Instruments Act. It is further submitted that now the matter has been settled and the complaint under Section 138 of the Negotiable Instruments Act stands withdrawn on 17.12.2022.
5. Learned counsel for the petitioner has relied upon the decisions rendered by this Court in Vikas Sharma vs. Gurpreet Singh Kohli and another (supra), 2017, (3) L.A.R. 584 = 2017(3) L.A.R. 584 = (2017) Law Today Live Doc. Id. 10473, Microqual Techno Limited and others Vs. State of Haryana and another, 2015 (32) RCR (Crl.) 790 and Rajneesh Khanna Vs. State of Haryana and another” 2017(3) L.A.R. 555 = 2017(3) L.A.R. 555 = (2017) Law Today Live Doc. Id. 10468, wherein, in an identical circumstance, this Court has held that since the main petition filed under Section 138 of the N.I. Act stands withdrawn in view of an amicable settlement between the parties, therefore, continuation of proceedings under Section 174-A of IPC shall be nothing but an abuse of the process of law.
6. Notice of motion.
7. Mr. Ashok S. Chaudhary, Addl. A.G. Haryana who is present in the Court accepts notice on behalf of the respondent – State and has not disputed the factual position.
8. After hearing learned counsel for the parties and in view of the judgment passed in Vikash Sharma (supra) case, considering the fact that the complaint filed under Section 138 of the Act was compromised and the complaint stood dismissed as withdrawn, this Court is of the opinion that continuation of proceedings under Section 174-A IPC shall be an abuse of process of law.
9. Accordingly, this petition is allowed and FIR No.1030 dated 27.11.2022 registered under Section 174-A IPC at Police Station Karnal Civil Lines, District Karnal along with all the subsequent proceedings arising therefrom is hereby quashed qua the petitioner herein.
Petition allowed.
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