Subhash v. State Of Haryana And Another
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Learned counsel for the petitioner has submitted that in the present case, a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, 'the NI Act') was filed by respondent No.2 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 07.10.2022 (Annexure P-1) and an intimation was sent to S.P. Sirsa by the Judicial Magistrate First Class, Sirsa to direct SHO to register an FIR in respect of the same. In pursuance of the said intimation, the present FIR was registered. It is submitted that during pendency of the present case, the matter got amicably settled between the petitioner and respondent No.2 and subsequent thereto, respondent No.2 suffered a statement before the Judicial Magistrate First Class, Sirsa, not to pursue the Complaint No. NACT-4492019 and sought withdrawal of the same.
On the basis of said statement, the Judicial Magistrate First Class, Sirsa granted permission to withdraw the complaint vide its order dated 06.12.2022. It is further submitted that once the complaint under Section 138 of the NI Act has been withdrawn, the present FIR under Section 174-A IPC deserves to be quashed. Learned State counsel has opposed the instant petition by stating that the FIR in question has been registered in pursuance of order dated 07.10.2022 (Annexure P-1), passed by the Judicial Magistrate Ist Class, Sirsa, hence the present petition may be dismissed. Learned counsel representing respondent No.2 has admitted the factum of settlement of matter under Section 138 of the NI Act and also the withdrawal of complaint under Section 138 ibid, vide order dated 06.12.2022, passed by the Judicial Magistrate Ist Class, Sirsa.
I have heard learned counsel for the parties and have perused the paper book.
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8 In the present case, it is not in dispute that respondent No.2 had filed a complaint under Section 138 of the NI Act for dishonour of cheque and it is in the said proceedings that order dated 07.10.2022 (Annexure P-1) was passed by the Judicial Magistrate Ist Class, Sirsa, vide which the petitioner was declared as proclaimed person and thereafter the present FIR No.952 dated 30.10.2022, under Section 174-A IPC (Annexure P-2), was registered at Police Station City Sirsa, District Sirsa. Subsequently, the matter was compromised between the parties and respondent No.2/complainant had withdrawn the complaint under Section 138 of the NI Act as per order dated 06.12.2022, which is reproduced hereinbelow:- ; ?%.
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Keeping in view the aforementioned facts and circumstances, as well as the authorities of law referred to above, the present petition is allowed and ,-$ ./(
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and all the consequential proceedings arising therefrom, are ordered to be quashed qua the petitioner herein.
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