SANJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Sec. 482 of Cr.P.C. for quashing of the FIR No.310 dtd. 7/4/2020 (Annexure P-1) registered under Sec. 174-A of IPC, 1860 at Police Station HTM Hisar, District Hisar, Haryana which was registered consequent to the order dtd. 19/12/2022 passed by the Judicial Magistrate, 1st Class, Hisar (Annexure P-4) declaring the petitioner as proclaimed person in a complaint case under Sec. 138 Negotiable Instruments Act, 1881.

(2.) The brief facts of the case are that in discharge of his legal liability, the petitioner/accused issued a cheque No. 067179 dtd. 29/7/2017 for an amount of Rs.25,500.00 in favour of the complainant. 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. 19/12/2022 (Annexure P-4).

(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 Thereafter, a compromise was effected between the parties and the complaint was ordered to be dismissed as withdrawn in terms of the order dtd. 23/6/2020 (Annexure P-5). 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.310 dtd. 7/4/2020 (Annexure P-1) registered under Sec. 174-A of IPC, 1860 at Police Station HTM Hisar, District Hisar, Haryana came to be registered.