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High Court of Punjab and HaryanaCRM-M/4437/2023allowed

Satya Bhama And ANR. v. Surya Fashion And ANR.

2023-02-01Mr. Justice Aman Chaudhary3 pages

     

 

     

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1. "Murli Jha vs State of Haryana", 2021(3) R.C.R.(Criminal)563.

2. "Microqual Techno Limited and others vs State of Haryana", 2015

(3) R.C.R.(Criminal) 790.

3. "Ram Kumar Rana vs State of Haryana and another", 2022(1) R.C.R. (Criminal) 294.

4. "Ashok Madan vs State of Haryana and another", 2020(4) R.C.R. (Criminal) 87.

)n the case of Murli Jha (supra), it has been held as under:- 8. I have considered the rival submissions of the parties. The FIR is an outcome of the order declaring the petitioner as a proclaimed person in proceedings initiated under section 138 of NI Act which stands settled, the complaint has been withdrawn and the proceedings against the accused petitioner were dropped. In such circumstances, the continuation of prosecution under Section 174-A IPC in pursuance to the orders passed by the trial Court cannot be permitted to continue. Reference in this connection may be made to the judgments of this Court in Microqual Techno R.C.R. (Criminal) 790; Rajneesh Khanna v. State of Haryana and another, 2017 (3) L.A.R. 555 and CRMM32612 of 2020, Surender Singh v. State of Haryana and another decided 12.01.2021. "

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!*/ In view of the aforesaid facts and circumstances of the case that the complaint filed under Section 138 of the Negotiable Instruments Act, 1881, itself having been withdrawn, and in view of the decisions in cases of Murli Jha and  1# 2 3 '#  '& 1(supra), FIR No.1000 dated 09.11.2022 under Section 174-A IPC registered at police station Sirsa City, District Sirsa,which has been registered consequent to order %**+

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, Sirsa is quashed.

   

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