ASHISH KHOD Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Sec. 482 of Cr.P.C. for quashing of FIR No.768 dtd. 4/9/2022 (Annexure P-1) under Sec. 174-A IPC registered at P.S. Azad Nagar, Hisar, District Hisar, Haryana as well as subsequent proceedings arising out of the FIR as well as order dtd. 16/8/2022 (Annexure P-2) passed by the Judicial Magistrate Ist Class, Hisar whereby petitioner has been declared a proclaimed person in complaint case under Sec. 138 of the Negotiable Instruments, 1881 titled as Pardeep Kumar Vs. Ashish Khod.

(2.) The brief facts of the case are that in discharge of his legal liability, the petitioner/accused issued a cheque for amount of Rs.9,00,000.00dtd. 9/10/2018 in favour of respondent No.2-complainanat. The said cheque 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. 16/8/2022 (Annexure P-2) Pursuant to the said order, FIR No.768 dtd. 4/9/2022 (Annexure P-1) came to be registered under Sec. 174-A of IPC at Police Station Azad Nagar, Hisar, District Hisar 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 Thereafter, a compromise was effected between the parties and the complaint was ordered to be dismissed as withdrawn in terms of the order dtd. 9/2/2023 (Annexure P-3). 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 aforesaid order dtd. 16/8/2022 (Annexure P-2) passed by the Judicial Magistrate Ist Class, Hisar and the consequential FIR (Annexure P-1).