TaxTMI 
TaxTMI 
2022 (2) TMI 1259
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....th 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 father Bhoma Ram. In the said case, both the said persons w....
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....fected in the proceedings under Section 138 of the N.I. Act and the complaint under Section 138 of the N.I. Act has been withdrawn vide order dated 03.02.2021, the said order is reproduced hereinbelow:- "Present: Mr.Ranvijay Singh, Advocate for complainant.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 file received from the record-room. Ahlmad is directed to restore the original file on its original number. ....
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....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's No. 1 to 5 of my above affidavit are true and correct to my knowledge and belief. No part of it is false and nothing has been concealed therein. Place: Chandigarh DEPONENT Dated: 20.01.2022" A co-ordinate Bench of this Cour....
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....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 stands withdrawn in view of an amicable settlement between the parties, the continuation of proceedings under Section 174-A IPC is nothing but an abuse of the process of law. The said aspect was one of the main consideration for allowing the petition and setting aside the order declaring th....