DAVINDRA MAHAJAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of Cr.P.C. with a prayer for quashing of FIR No.880 dtd. 20/5/2019 registered under Sec. 174-A of the Indian Penal Code, 1860 (hereinafter to be referred as 'the IPC') at Police Station Shivaji Nagar, Gurugram and all the consequential proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that Sunaura Technologies Private Limited had filed a complaint under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, read with Sec. 120-B and 420 IPC, against the present petitioner and two more accused. It is further submitted that the petitioner was not aware of the said proceedings and was declared a proclaimed person on 7/5/2018 by the learned Judicial Magistrate First Class, Gurugram, with a direction to the concerned Police Station, to initiate proceedings under Sec. 174-A IPC and on account of the same the impugned FIR was registered under Sec. 174-A IPC. It is further submitted that thereafter, the petitioner was arrested on 7/8/2019 and was granted bail and he compromised the matter with the complainant in the complaint under Sec. 138 of the Negotiable Instruments Act and vide order dtd. 16/1/2020, the said complaint under Sec. 138 of the Negotiable Instruments Act, has been withdrawn in view of the compromise. It is further submitted that since the main proceedings under Sec. 138 of the Negotiable Instruments Act, have already been compromised thus, keeping the present FIR alive would be an abuse of the process of the Court.

(3.) Notice of motion.