TMI Blog2019 (5) TMI 1918X X X X Extracts X X X X X X X X Extracts X X X X ..... rder 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 vehemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGMENT Anil Kshetarpal, J. 1. The petitioner was an accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (the Act of 1881 for short). 2. The petitioner filed a petition for quashing of the complaint and summoning order in this Court, Personal appearance of the petitioner was exempted and he was permitted to put in appearance through his counsel. The pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not disputed. The main complaint has been dismissed for want of prosecution vide order dated 06.05.2018. It is not further in dispute that no application for restoration of the main complaint under Section 138 of the Act of 1881 has been filed, although more than a year has elapsed. 4. Now the question which arises before this Court as to whether the proceedings under Section 174A I.P.C. sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 7. Accordingly, the petition is allowed. FIR No. 446 dated 21.08.2017 registered under Section 174A I.P.C. at Police Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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