Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (5) TMI 1918 - HC - Indian LawsDishonor of Cheque - proceedings under Section 82 Cr.P.C. to declare the petitioner proclaimed person were initiated - whether the proceedings under Section 174A I.P.C. should be allowed to continue or not? - HELD THAT:- In the considered view of this Court, once the order declaring the petitioner as proclaimed person ceases to exist on account of the fact that he was later on granted bail by the learned trial court and he continued to put in appearance, in such circumstances, the FIR which was registered consequently upon declaring the petitioner as proclaimed person is also required to be closed. No doubt, the learned counsel for the respondent has vehemently argued that the offence under Section 174A I.P.C. is independent of the main case, therefore, merely because the main case has been dismissed for want of prosecution, the present petition cannot be allowed, however, keeping in view the fact that the present FIR was registered only on account of absence from the proceedings in the main case which had been subsequently regularised by the court while granting bail to the petitioner, the default stood condoned. In such circumstances, continuation of proceeding sunder Section 174A I.P.C. shall be abuse of the process of court. Petition allowed.
|