ANIL LAMBA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Sec. 482 of Cr.P.C. for quashing of FIR No.116 dtd. 21/2/2023 (Annexure P-2) under Sec. 174-A IPC registered at P.S. Karnal City District Karnal on the basis of the fact that the main complaint no.NACT 3595/20221 instituted on 2/12/2021 under Sec. 139 of the Negotiable Instruments Act has already been dismissed as withdrawn vide order dtd. 27/3/2023 (Annexure P-4).

(2.) The brief facts of the case are that in discharge of his legal liability, the petitioner/accused issued two cheques for amount of Rs.1,00,000.00 dtd. 23/7/2021 and Rs.1,60,000.00 dtd. 23/7/2021 in favour of complainant. The said cheques came to be dishonoured. Pursuant thereto, as no payment was made in lieu of the dishonoured cheque, a complaint under Sec. 138 of Negotiable Instruments Act came to be instituted against the petitioner/accused and he was summoned to face trial. Subsequently, he was declared a proclaimed person vide order dtd. 4/1/2023. Pursuant to the said order, FIR No.116 dtd. 21/2/2023 (Annexure P-2) came to be registered under Sec. 174-A of IPC at Police Station Karnal City, District Karnal against him.

(3.) Thereafter, a compromise was effected between the parties and the complaint was ordered to be dismissed as withdrawn in terms of the order dtd. 27/3/2023 (Annexure P-4). In view of the dismissal of the complaint under Sec. 138 of Negotiable Instruments Act on the basis of the compromise, the present petition has been filed for quashing of the FIR No.116 dtd. 21/2/2023 (Annexure P-2) under Sec. 174-A IPC registered at P.S. Karnal City District Karnal.