RANDHIR SINGH TYAGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Sec. 482 of Cr.P.C. for quashing of FIR No.217 dtd. 16/2/2020, registered under Sec. 174-A of IPC (Annexure P-1), at Police Station Baldev Nagar, District Ambala and all other subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that the State Bank of India had filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for short'the NI Act') and in the said proceedings the petitioner was declared a proclaimed person, vide order dtd. 18/12/2017 (Annexure P-2) and the concerned SHO was directed to register an FIR under Sec. 174-A IPC and in pursuance of the said order, the present FIR has been registered. It is further submitted that the petitioner had paid all his dues to the State Bank of India and thus, the State Bank of India through its counsel had withdrawn the complaint filed under Sec. 138 of the NI Act and the said fact is apparent from the order dtd. 30/8/2022 (Annexure P-7). It is also submitted that the petitioner has also been granted the concession of anticipatory bail vide order dtd. 15/5/2020 (Annexure P-5) by the Additional Sessions Judge, Ambala in the present FIR. It is contended that in view of the same, the present FIR deserves to be quashed.

(3.) Learned State counsel appearing on behalf of respondent No.1 has opposed the present petition and has submitted that the present FIR was rightly registered in pursuance of the order dtd. 18/12/2017 passed by the Judicial Magistrate 1st Class, Ambala and thus, the present petition deserves to be dismissed. This Court has heard the learned counsel for the parties and has perused the record.