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2022 (2) TMI 1259 - PUNJAB AND HARYANA HIGH COURTDishonor of Cheque - Seeking declaration of petitioners Ramphal and Bhoma Ram as proclaimed persons - Section 138 of the N.I. Act - HELD THAT:- It is not in dispute that Ramphal and Bhoma Ram have been made accused in FIR no.121 dated 13.03.2020 registered under Section 174-A IPC on account of the order passed by the Judicial Magistrate Ist Class, Bhiwani, dated 22.01.2020 in the proceedings under Section 138 of the N.I. Act as the above said persons had not appeared in the said proceedings and were declared as proclaimed persons. It is not in dispute that there has been compromise effected in the proceedings under Section 138 of the N.I. Act and the complaint under Section 138 of the N.I. Act has been withdrawn vide order dated 03.02.2021 A perusal of the judgment in BALDEV CHAND BANSAL VERSSTATE OF HARYANA AND ANOTHER US [2019 (1) TMI 1949 - PUNJAB & HARYANA HIGH COURT] would show that in a similar case where the FIR had been registered under Section 174-A IPC in view of the order passed in proceedings under Section 138 of the Act, while declaring the petitioner therein as proclaimed offender, a co-ordinate Bench after relying upon various judgments observed that once the main petition under Section 138 of the Act stands withdrawn in view of an amicable settlement between the parties, the continuation of proceedings under Section 174-A IPC is nothing but an abuse of the process of law. The said aspect was one of the main consideration for allowing the petition and setting aside the order declaring the petitioner therein as proclaimed person as well as quashing of the FIR under Section 174-A IPC. In the present case as is apparent from the facts hereinabove, the complaint under Section 138 of the N.I. Act has been withdrawn on account of compromise. In such a situation, continuation of the proceedings under Section 174-A IPC would be an abuse of process of Court. Petition allowed.
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