9911796707
TMI Blog2022 (6) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... d impugned order, present FIR under Section 174-A of the IPC, was registered. It is the case of the petitioner that he was not aware of the proceedings under Section 138 of the Act of 1881 and was subsequently arrested and released on bail. It has been held in the abovesaid judgments that in similar situation, keeping the proceedings under Section 174-A of the IPC alive would be an abuse of the process of the Court. Moreover, the order declaring the petitioner as proclaimed person would prove to be insignificant inasmuch as the main complaint filed under Section 138 of the Act of 1881 itself has been withdrawn. The present petition is allowed. - CRM-M-24826-2022 - - - Dated:- 2-6-2022 - HON'BLE MR. JUSTICE VIKAS BAHL For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... since the main proceedings under Section 138 of the Negotiable Instruments Act, have already been compromised thus, keeping the present FIR alive would be an abuse of the process of the Court. Notice of motion. On advance notice, Mr. Munish Sharma, AAG, Haryana, appears and accepts notice on behalf of the State and has submitted that he is fully prepared to argue the matter and assist this Court. He has opposed the present petition under Section 482 Cr.P.C. and has submitted that the FIR has been registered in pursuance of order dated 7.5.2018 passed by the Judicial Magistrate First Class, Gurugram vide which the petitioner was declared as a proclaimed person. This Court has heard the learned counsel for the parties and has peruse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Indian Penal Code at Police Station Sector-5, Panchkula and all other subsequent proceedings arising thereof, are hereby quashed. A perusal of the above judgment would show that in a similar case where the FIR had been registered under Section 174-A of the IPC in view of the order passed in proceedings under Section 138 of the Act of 1881, while declaring the petitioner therein as proclaimed offender, a co-ordinate Bench after relying upon various judgments observed that once the main petition under Section 138 of the Act of 1881 stands withdrawn in view of an amicable settlement between the parties, the continuation of proceedings under Section 174-A of the IPC is nothing but an abuse of the process of law. The said aspect was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. In the present case, it is not in dispute that the complaint under Section 138 of the Act of 1881 was filed by Sunaura Technologies Private Limited and it is in the said proceedings that the petitioner was declared as proclaimed person vide order dated 7.5.2018 and a direction was given to the concerned Police Station to initiate proceedings against the petitioner under Section 174-A IPC and in pursuance of the said impugned order, present FIR under Section 174-A of the IPC, was registered. A perusal of the order dated 16.1.2020 (Annexure P-3) would show that there has been a compromise in the said complaint under Section 138 of the Act of 1881 and the complainant has withdrawn the said complaint. The order dated 16.1.2020 is repro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case file. Hence, said FDR be returned to the applicant who has stood as surety for the accused against proper receipt and identification. Copy of this document be placed on record. File be consigned to record room after due compliance. Date of order:- 16.01.2020 (Upendra Singh), JMIC/Gurugram UID No. HR0362. It is the case of the petitioner that he was not aware of the proceedings under Section 138 of the Act of 1881 and was subsequently arrested and released on bail. It has been held in the abovesaid judgments that in similar situation, keeping the proceedings under Section 174-A of the IPC alive would be an abuse of the process of the Court. Moreover, the order declaring the petitioner as proclaimed person wou ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
