VISHAL PARASHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for setting-aside the order dated 03.01.2020 passed by the trial Court in complaint bearing CIS No.NACT/320/2016 filed under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the N.I. Act') vide which the petitioner was declared as proclaimed person and for quashing of FIR No. 10 dated 08.02.2020 registered under Section 174-A of the Indian Penal Code, 1860 (in short 'IPC') at Police Station Mansa Devi Complex, Panchkula, District Panchkula, in compliance of the order dated 03.01.2020.

(2.) Brief facts of the case are that respondent No.2 - Dhir Roadways has filed a complaint under Section 138 of the N.I. Act against the petitioner with the allegation that a cheque of Rs.40,000/-drawn on State Bank of India, on presentation before the Bank, was dishonoured. Thereafter, the complainant issued a legal notice to the petitioner and then served a complaint under Section 138 of the N.I. Act.

(3.) During the pendency of the said complaint, the petitioner was not served and later on, he was declared as proclaimed person and a further direction was issued to register an FIR under Section 174-A IPC. However later on, the petitioner appeared before the Court in the complaint filed under Section 138 of the N.I. Act and ultimately, the matter was compromised between the parties and the complaint under Section 138 of the N.I. Act bearing CIS No.NACT/320/2016, stands dismissed as withdrawn on 08.06.2020.