TaxTMI 
TaxTMI 
2022 (2) TMI 1259
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.... CRM-M-4549-2021 has been filed by Bhoma Ram. In both the petitions, challenge is to the order dated 22.01.2020 declaring the petitioners Ramphal and Bhoma Ram as proclaimed persons in case COMA/1565/2017 and also for quashing of FIR no.121 dated 13.03.2020 registered under Section 174-A IPC, at Police Station Bhiwani Civil Lines, District Bhiwani and all the subsequent proceedings arising therefrom. Challenge is to the common order and to the common FIR and with the consent of both the parties, the facts are being taken from CRM-M- 9497-2021 which is taken as the lead case. Respondents no.2 and 3-HDFC Bank had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (in short "N.I.Act") against Ramphal and his fath....
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....med persons. It is not in dispute that there has been compromise effected in the proceedings under Section 138 of the N.I. Act and the complaint under Section 138 of the N.I. Act has been withdrawn vide order dated 03.02.2021, the said order is reproduced hereinbelow:- "Present: Mr.Ranvijay Singh, Advocate for complainant. File put up before me as an application for granting permission to withdraw the complaint moved by learned counsel for complainant. Heard. Keeping in view the facts mentioned in the application and in the interest of justice, application in hand stands allowed. Learned counsel for complainant has prayed for summoning the original file from the record room. Original fil....
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....aint from the Ld. Trial Court against the petitioner. The bank has no objection of the offence against the accused- petitioner be compounded/ quashed it otherwise permitted as per law. 3. That now no grudge is left between both the parties. Both the parties have decided that they will not initiate any action against each other before any criminal or civil court. 4. That all the claims between both the parties have been settled and conditions set forth in the Compromise Deed. 5. That both the parties shall remain bound by the terms and conditions set forth in the Compromise Deed. Place: Chandigarh DEPONENT Dated: 20.01.2022 Verification: Verified that the contents of Para'....
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....esent 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 IPC in view of the order passed in proceedings under Section 138 of the Act, 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 stand....