2021 (12) TMI 1229

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....unsel for the petitioner has submitted that in the present case, one Satish Kumar had filed a complaint under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as "the Act of 1881") for the alleged dishonour of cheque dated 15.09.2016 amounting to Rs. 2,38,114/- and in the said proceedings, the petitioner, who is a resident of Uttar Pradesh, was never served and was wrongly declared as proclaimed person vide order dated 17.09.2019 passed by the Sub Divisional Judicial Magistrate, Safidon (for short "SDJM") and on account of the said fact, the present FIR was also registered. It is argued that in the proceedings under Section 138 of the Act of 1881, compromise has been effected and vide sta....

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.... was withdrawn. The relevant portion of order dated 16.03.2020 (Annexure P- 3) is reproduced hereinbelow:- "Present:- Complainant Satish Kumar in person represented by Shri Abhishek Garg, Advocate. Accused Sharwan Kumar on bail represented by Shri Anjani Kumar, Advocate. Complainant has suffered a statement that he has received entire cheque amount from the accused and today pending amount of Rs. 38,000/- has also been received and nothing remains due towards the accused. So, he does not want to pursue with the present complaint and withdraws the same. Heard. In view of the statement as suffered by complainant, the present complaint is hereby dismissed as withdrawn. Accused stands discharged. Bail bonds and surety....

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....tion of proceedings under Section 174A of IPC shall be nothing but an abuse of the process of law. xxx xxx xxx In view of the same, I find merit in the present petition and accordingly, present petition is allowed and the impugned order dated 24.10.2016 passed by Judicial Magistrate, 1st Class, Panchkula as well as FIR No.64 dated 15.02.2017 registered under Section 174-A 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, whil....