Pawan Kumar v. State Of Haryana And Another
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* & +), This is a petition filed on behalf of the petitioner seeking quashing of FIR No.46 dated 20.01.2020 (Annexure P-3), under Section 174-A IPC, registered at Police Station Ballabgarh City, District Faridabad as well as impugned order dated 06.01.2020 (Annexure P-2), passed by the Judicial Magistrate Ist Class, Faridabad, whereby the petitioner was declared as a proclaimed person in complaint bearing NACT No.8856 dated 27.08.2018 (Annexure P-1), titled as "M/s Attri Building Material Supplier Vs. M/s Aggarwal Sales Corp. Private Limited and another", filed under Sections 138, 141 and 142 of the Negotiable Instruments Act read with Section 420 IPC, and all the consequential proceedings arising therefrom, inter alia, stating that the matter has been compromised between the parties. Learned counsel for the petitioner has submitted that a complaint under Sections 138, 141 and 142 of the Negotiable Instruments
Act read with Section 420 IPC was filed at the behest of respondent No.2/complainant-company, through its Authorized Representative Om Prakash, against the present petitioner for dishonour of the cheque and in the said complaint, the petitioner was wrongly declared as proclaimed person vide order dated 06.01.2020 (Annexure P-2) and an intimation regarding the said order was sent by the Judicial Magistrate Ist Class, Faridabad to the Station House Officer concerned to register an FIR in respect of the same. In pursuance of the said intimation, the FIR (Annexure P-3) was registered.
It is submitted that during pendency of the present case, the matter got amicably settled between the petitioner and complainantcompany and subsequent thereto, Om Prakash (Authorized Representative of complainant-company) suffered a statement (Annexure P-4) before the Judicial Magistrate Ist Class, Faridabad, regarding not to pursue the complaint bearing NACT No.8856 dated 27.08.2018 (Annexure P-1) and sought withdrawal of the same. On the basis of said statement, the Judicial Magistrate First Class, Faridabad disposed of the complaint (Annexure P-1) being dismissed as withdrawn, vide its order dated 17.02.2021 (Annexure P4). It is further submitted that once the complaint under Section 138 of the Negotiable Instruments Act has been withdrawn, the present FIR under Section 174-A IPC (Annexure P-3) deserves to be quashed.
Learned State counsel has not disputed the fact that the complaint (NACT No.8856 dated 27.08.2018) stands withdrawn vide order dated 17.02.2021 (Annexure P-4), passed by the Judicial Magistrate Ist Class, Faridabad and he does not oppose the prayer of petitioner for quashing of FIR.
' I have heard learned counsel for the parties and perused the paper book.
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In the present case, it is not in dispute that the complainantCompany had filed a complaint under Sections 138, 141 and 142 of the Negotiable Instruments Act read with Section 420 IPC for dishonour of cheque and it is in the said proceedings that order dated 06.01.2020 (Annexure P-2) was passed by the Judicial Magistrate Ist Class, Faridabad, vide which the petitioner was declared as proclaimed person and as a consequential action thereof, the present FIR No.46 dated 20.01.2020 (Annexure P-3), under Section 174-A IPC, was registered at Police Station Ballabgarh City, District Faridabad. Thereafter, the matter was compromised between the parties and complainant had withdrawn the complaint under Sections 138, 141 and 142 of the Negotiable Instruments Act read with Section 420 IPC as per order dated 17.02.2021 (Annexure P-4), which is reproduced hereinbelow:- . ?!
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Thus, after the withdrawal of proceedings under Section 138 of the Negotiable Instruments Act on the basis of amicable settlement, continuation of proceedings under Section 174-A IPC shall be an abuse of process of law.
Keeping in view the aforementioned facts and circumstances, as well as the authorities of law referred to above, the present petition is allowed and FIR No.46 dated 20.01.2020 (Annexure P-3), under Section 174-A IPC, registered at Police Station Ballabgarh City, District Faridabad as well as impugned order dated 06.01.2020 (Annexure P-2), passed by the Judicial Magistrate Ist Class, Faridabad, and all the consequential proceedings arising therefrom, are quashed qua the petitioner.
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