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TMI Blog2022 (2) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... Act stands withdrawn in view of an amicable settlement between the parties, the continuation of proceedings under Section 174-A IPC is nothing but an abuse of the process of law. The said aspect was one of the main consideration for allowing the petition and setting aside the order declaring the petitioner therein as proclaimed person as well as quashing of the FIR under Section 174-A IPC - A perusal of the relevant extract of the above judgment would show that where the main case was dismissed for want of prosecution, it was observed that the continuation of proceedings under Section 174-A IPC shall be an abuse of the process of court. In the present case, it is not in dispute that respondent No.2 had filed complaint under Section 138 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of FIR No. 691 dated 19.11.2019 registered under Section 174-A IPC, at Police Station Ballabhgarh City, District Faridabad, along with all the consequential proceedings arising therefrom. Learned counsel for the petitioner submits that a complaint under Section 138 of the Negotiable Instruments Act, 1881, was filed by complainantrespondent No. 2, as a cheque amounting ₹ 66,250/- was dishonoured. Thereafter, the petitioner settled the matter with the respondent Bank and after the settlement and assurance given by the Bank, he did not put in appearance before the concerned Court in the complaint case. Despite the settlement and assurance, the respondent-Bank kept on pursuing the case and because of non-appearance, the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nch of this Court in CRM-M-43813-2018 titled as Baldev Chand Bansal vs. State of Haryana and another , decided on 29.01.2019 has held as under:- Prayer in this petition is for quashing of FIR No.64 dated 15.02.2017 filed under Section 174-A of the Indian Penal Code registered at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof as well as order dated 24.10.2016 passed by the trial Court vide which a direction was issued to register the aforesaid FIR. xxx xxx xxx 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, Microqual Techno Limited and others Vs. State of Harya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d setting aside the order declaring the petitioner therein as proclaimed person as well as quashing of the FIR under Section 174-A IPC. Another co-ordinate Bench of this Court in a case titled as Ashok Madan vs. State of Haryana and another reported as 2020(4) RCR (Criminal) 87 has also held as under:- No doubt, the learned counsel for the respondent has vehemently argued that the offence under Section 174A I.P.C. is independent of the main case, therefore, merely because the main case has been dismissed for want of prosecution, the present petition cannot be allowed, however, keeping in view the fact that the present FIR was registered only on account of absence from the proceedings in the main case which had been subsequently re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e put up on application of applicant/complainant. It be checked and registered at its original position. Learned counsel for complainant suffered a separate statement that he withdraws the present complaint on the instructions of the complainant bank. Statement recorded. Heard. In view of the statements made by learned counsel for the complainant present complaint is dismissed as withdrawn. On request surety details if any be deleted from the CIS module as per law governing the same. File be consigned to the records after due compliance. Sd/- (Amit Sihag) Judicial Magistrate Ist Class, Date of Order: 18.12.2019 UID No.HR0371 An affidavit was also filed by respondent No.2, which has been annexed as Annexure R-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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