SUBHASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed for quashing of FIR No.952 dtd. 30/10/2022 (Annexure P-2), under Sec. 174-A IPC, registered at Police Station City Sirsa, District Sirsa and all the consequent proceedings arising therefrom, as the criminal complaint No.NACT-449-2019 dtd. 3/4/2019, titled as 'Sirsa Central Cooperative Bank Ltd. Vs. Subhash', registered under Sec. 138 of the Negotiable Istruments Act, 1881, at the behest of respondent No.2/complainant before the Court of Judicial Magistrate Ist Class, Sirsa, has been withdrawn on the basis of compromise arrived at between the parties.

(2.) Learned counsel for the petitioner has submitted that in the present case, a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (for brevity, 'the NI Act') was filed by respondent No.2 against the present petitioner for dishonour of the cheque and in the said complaint, the petitioner was wrongly declared as proclaimed person vide order dtd. 7/10/2022 (Annexure P-1) and an intimation was sent to S.P. Sirsa by the Judicial Magistrate First Class, Sirsa to direct SHO to register an FIR in respect of the same. In pursuance of the said intimation, the present FIR was registered. It is submitted that during pendency of the present case, the matter got amicably settled between the petitioner and respondent No.2 and subsequent thereto, respondent No.2 suffered a statement before the Judicial Magistrate First Class, Sirsa, not to pursue the Complaint No. NACT-449-2019 and sought withdrawal of the same. On the basis of said statement, the Judicial Magistrate First Class, Sirsa granted permission to withdraw the complaint vide its order dtd. 6/12/2022. It is further submitted that once the complaint under Sec. 138 of the NI Act has been withdrawn, the present FIR under Sec. 174-A IPC deserves to be quashed.

(3.) Learned State counsel has opposed the instant petition by stating that the FIR in question has been registered in pursuance of order dtd. 7/10/2022 (Annexure P-1), passed by the Judicial Magistrate Ist Class, Sirsa, hence the present petition may be dismissed.