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TMI Blog2020 (3) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... Considering the fact that the complaint filed under Section 138 of the N.I. Act was compromised and later on the same was withdrawn on 18.03.2019, there are merit in present petition as the petitioners have also shown a bona fide cause for non-appearance before the trial Court. The service was not effected at the ordinary place of residence of the petitioners and they were not aware of the said f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under Section 174-A of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Civil Lines, District Jind, in compliance of the order dated 02.02.2019. Brief facts of the case are that the respondent/complainant has filed a complaint under Section 138 of the N.I. Act against the petitioners, who are the Chairman, Managing Director and Director of M/s. Best Foods Limited with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, the impugned order declaring the petitioners as proclaimed persons was without following the procedure prescribed under Sections 82/83 of the Code of Criminal Procedure (in short Cr.P.C.). Counsel for the petitioners has further submitted that even the petitioners were availing the remedy by filing a petition before the National Company Law Tribunal under Section 9 of the Insolvency an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 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 wherein in an identical circumstance, this Court has held that since the main petition filed under Section 138 of the Act stands withdrawn in view of an amicable settlement between the parties, therefore, continuation of proceedings under Section 174A o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... non-appearance before the trial Court. The service was not effected at the ordinary place of residence of the petitioners and they were not aware of the said fact and immediately, on coming to know about the said order, they compromised the case with the complainant and the complaint under Section 138 of the Act was withdrawn later on. In view of the above, I find merit in the petition and ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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