BHUSHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Sec. 482 of Cr.P.C. for quashing of the FIR No.478 dtd. 15/6/2022 under Sec. 174-A registered at Police Station Sirsa City, District Sirsa (Annexure P-1) and all other consequential proceedings arising therefrom.

(2.) The brief facts of the case are that a complaint under Sec. 138 of Negotiable Instruments Act was instituted against the petitioner/accused at the instance of the complainant-Sunder Dass. As the petitioner/accused did not appear before the Trial Court to face trial, he was declared as a proclaimed person as per the order dtd. 8/4/2019 (Annexure P-4) pursuant to which an FIR No. 478 dtd. 15/6/2022 under Sec. 174-A at Police Station Sirsa City, District Sirsa (Annexure P-1) came to be registered against him.

(3.) Subsequently, the petitioner/accused paid the entire cheque amount i.e. Rs.3,50,000.00 alongwith the compensation to the complainant. Thereafter, the complainant moved an application for withdrawal of the complaint and appeared before the Court of Judicial Magistrate Ist Class, Sirsa and suffered a statement that he did not want to proceed further with the complaint under Sec. 138 of the Negotiable Instruments Act and filed an affidavit (Annexure P-5) to that extent. Therefore, the complaint in question was dismissed as withdrawn vide order dtd. 12/8/2022 (Annexure P-6) and the matter was ordered to be taken up by the National Lok Adalat on 13/8/2022 (Annexure P-7). In view of the dismissal of the complaint under Sec. 138 of Negotiable Instruments Act on the basis of the compromise, the present petition for quashing of aforesaid FIR No. 478 dtd. 15/6/2022 under Sec. 174-A registered at Police Station Sirsa City, District Sirsa (Annexure P-1).