SMRITI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition filed under Sec. 482 of Cr.P.C. for quashing of order dtd. 4/10/2021 (Annexure P-7) passed by the Judicial Magistrate Ist Class, Hisar in Criminal Complaint No.NACT-1242-2020 dtd. 4/6/2020 titled as Archna Soni Vs. M/s Success Graph & other under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 (hereinafter to be referred as 'the Act of 1881') as well as quashing of FIR No.574 dtd. 11/10/2021 registered under Sec. 174-A of the Indian Penal Code, 1860 (hereinafter to be referred as 'the IPC') at Police Station Hisar City, District Hisar, Haryana as the main complaint has already been withdrawn by respondent No.2.

(2.) Learned counsel for the petitioner has submitted that in the present case, a complaint under Ss. 138/141 of the Act of 1881 was filed by Archana Soni against the present petitioner with respect to dishonour of three cheques amounting to Rs.45,000.00 each and has further submitted that the petitioner was illegally declared proclaimed person in the proceedings of the said case vide order dtd. 4/10/2021 (Annexure P-7) on account of her non-appearance. It is argued that Judicial Magistrate Ist Class, Hisar, vide order dtd. 4/10/2021 had directed the SHO concerned to register an FIR under Sec. 174-A of the IPC and accordingly, the impugned FIR has been registered under 174-A of the IPC. It is further argued that now the matter has been compromised and the complainant-Archana Soni had withdrawn complaint filed under Ss. 138/141 of the Act of 1881 vide order dtd. 21/12/2021 (Annexure P-10).

(3.) Notice of motion to respondent No.1 only.