ASHISH TYAGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of present petition, the petitioner is seeking quashing of FIR No. 327 dtd. 18/8/2018 under Sec. 174-A IPC registered at Police Station Faridabad Old, District Faridabad (Annexure P-2) as a sequel of order dtd. 28/11/2017 passed by JMIC, Faridabad in complaint bearing No. NACT/1232/2016 filed under Sec. 138 of the Negotiable Instruments Act 1881 and consequential proceedings arising therefrom.

(2.) Learned counsel for the petitioner refers to order dtd. 19/3/2021 (Annexure P-4) passed by the trial Court, whereby the complainant withdrew the complaint filed under Sec. 138 of Negotiable Instruments Act 1881, acknowledging the fact that accused has made the entire payment.

(3.) Precisely the contention of learned counsel for the petitioner is that once the complaint filed under Sec. 138 of the NI Act stands withdrawn and the liability which was alleged against the petitioner stands satisfied, the present proceedings under Sec. 174-A IPC should not be allowed to continue.