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(2023) Law Today Live Doc. Id. 17764 = 2023(1) L.A.R. 75
Decided on: 24.03.2023
Present:
Mr. Sumit Sangwan, Advocate, for the petitioner.
Mr. Deepak Grewal, DAG, Haryana.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82 – Indian Penal Code, 1860 (45 of 1860), Section 174-A – Cheque bounce case – Quashing of Proclaimed person order/ FIR u/s 174-A IPC – Since the petitioner has joined the trial, order declaring proclaimed person has lost its significance -- Petitioner is no longer a proclaimed person and thus, continuing with the FIR would be oppressive -- Accordingly quashed.
(Para 1, 2)
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SUDHIR MITTAL, J. (ORAL) –
1. The present petition has been filed for quashing of order dated 05.11.2022 (Annexure P-2) whereby the petitioner has been declared a proclaimed person as well as FIR No.2053, dated 04.12.2022, registered at Police Station Shivaji Nagar, District Gurugram, under Section 174-A IPC.
2. Since the petitioner has joined the trial, order dated 05.11.2022 (Annexure P-2) has lost its significance. The petitioner is no longer a proclaimed person and thus, continuing with the FIR No.2053, dated 04.12.2022 would be oppressive. It is accordingly quashed.
3. The petition is accordingly allowed.
Petition allowed.
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