9911796707
TMI Blog2020 (3) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... J. Prayer in this petition is for setting-aside the order dated 02.02.2019 passed by the trial Court in complaint No.496 of 2017 filed under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the N.I. Act') vide which the petitioners were declared as proclaimed persons and for quashing of FIR No.94 dated 20.03.2019 registered under Section 174-A of the Indian Penal Code, 1860 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s has been closed and the petitioners were not found present there and the notice was served by way of affixation in Indiri village, in the open place on the wall of the premises. Counsel for the petitioners has, thus, further argued that at no point of time, the service of the petitioners was effected at the ordinary place of residence, therefore, the impugned order declaring the petitioners as p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt has withdrawn the complaint on 18.03.2019 by making a statement that the matter stands compromised and they do not want to proceed further in the complaint. Learned senior counsel has relied upon the decisions rendered by this Court in "Vikas Sharma vs. Gurpreet Singh Kohli and another", 2017, (3) L.A.R.584, "Microqual Techno Limited and others vs State of Haryana and another", 2015 (32) RCR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d counsel for the parties and in view of the judgment passed in Vikas Sharma's case (supra), considering the fact that the complaint filed under Section 138 of the N.I. Act was compromised and later on the same was withdrawn on 18.03.2019, I find merit in present petition as the petitioners have also shown a bona fide cause for non-appearance before the trial Court. The service was not effecte ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
