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2022 (3) TMI 45 - HC - Indian LawsDishonor of Cheque - complaint filed under Section 138 of the Act of 1881 has been withdrawn - continuation of the proceedings under Section 174-A of the IPC instituted in pursuance of the order declaring the present petitioner as proclaimed person are abuse of the process of the Court or not - HELD THAT:- Once the proceedings under Section 138 of the Act of 1881 have been withdrawn, then, keeping the present FIR registered under Section 174-A of the IPC alive would be an abuse of process of the Court. Even, order dated 04.07.2019 (Annexure P-2), vide which the petitioner has been declared as proclaimed person in the proceedings under Section 138 of the Act of 1881, deserves to be set aside. The present petition is allowed and FIR registered under Section 174-A of the IPC at Police Station Hisar City, District Hisar and all the subsequent proceedings arising therefrom are quashed and order dated passed by the Judicial Magistrate Ist Class, Hisar vide which the petitioner has been declared as proclaimed person, is set aside - Petition allowed.
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