ASHUTOSH VERMA Vs. STATE OF HARYAN A

JUDGEMENT

(1.) Petitioner has filed this petition under Sec. 482 of Cr.P.C. for quashing of order dtd. 24/2/2020 (Annexure P-5) passed in NACT No.17857 of 2017 titled as 'IIFL vs Ashutosh' by learned Judicial Magistrate Ist Class, Gurugram, whereby, he has been declared as a proclaimed offender. The petitioner further seeks quashing of FIR No.932 dtd. 26/3/2020 registered under Sec. 174-A of the Indian Penal Code, 1860 (here-in-after to be referred as 'the IPC') at Police Station Shivaji Nagar, Gurugram Haryana (Annexure P-6).

(2.) Succinctly, a loan facility was extended by respondent No.2-M/s India Infoline Housing Finance, in favour of wife of the petitioner/petitioner (Namrata Verma/Ashutosh Verma) vide loan Account No.720931. In discharge of the said loan liability, a Cheque bearing No.334932 dtd. 9/9/2015, amounting to Rs.09,02,622.00 drawn on 'Axis Bank Limited', VasantKunj Branch, New Delhi, was issued in favour of respondent No.2 by wife of the petitioner namely, NamrataVerma. Since, the said cheque bounced, accordingly, a complaint bearing NACT No.6480 of 2015 under Sec. 138 of the Negotiable Instruments Act was filed. Another cheque issued by the petitioner herein namely, Ashutosh Verma was also dishonoured and hence, another complaint bearing NACT No.17857 of 2017 was filed. It appears that subsequently, the matter was settled between the parties on certain terms and conditions, whereupon, the matter was taken up by the National Lok Adalat, Gurugram and an award dtd. 10/2/2018 (Annexure P-2) was passed in NACT No.6480 of 2015.

(3.) A perusal of the paper book further reveals that the settlement arrived at between the parties could not be honoured and accordingly, an amount of Rs.87,29,694.00 was left to be paid.