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TMI Blog2022 (6) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... chnologies Private Limited had filed a complaint under Section 138 read with Section 142 of the Negotiable Instruments Act, read with Section 120-B and 420 IPC, against the present petitioner and two more accused. It is further submitted that the petitioner was not aware of the said proceedings and was declared a proclaimed person on 7.5.2018 by the learned Judicial Magistrate First Class, Gurugram, with a direction to the concerned Police Station, to initiate proceedings under Section 174-A IPC and on account of the same the impugned FIR was registered under Section 174-A IPC. It is further submitted that thereafter, the petitioner was arrested on 7.8.2019 and was granted bail and he compromised the matter with the complainant in the compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resaid FIR. xxx xxx xxx Learned counsel for the petitioner has relied upon the decisions rendered by this Court in " Vikas Sharma vs. Gurpreet Singh Kohli and another (supra), 2017, (3) L.A.R.584, Microqual Techno Limited and others Vs. State of Haryana and another, 2015 (32) RCR (Crl.) 790 and "Rajneesh Khanna Vs. State of Haryana and another" 2017(3) L.A.R. 555 wherein in an identical circumstance, this Court has held that since the main petition filed under Section 138 of the Act stands withdrawn in view of an amicable settlement between the parties, therefore, continuation of proceedings under Section 174A of IPC shall be nothing but an abuse of the process of law. xxx xxx xxx In view of the same, I find merit in the present pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 proceedings under 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 Station Kotwali, District Faridabad, as well as consequential proceedings shall stand quashed." A perusal of the relevant extract of the above judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of his statement, present complaint stands dismissed as withdrawn. Proceeding against accused stands dropped. An application for release of surety deposited at the time of getting bail has been moved by surety Divya Mahajan. File perused. Perusal of file reveals that accused Devandra Mahajan was declared Proclaimed Person vide order dated 07.05.2018 passed by my Ld. Predecessor Court and after that on 08.08.2019, he was produced in custody after his arrest and he was allowed bail on furnishing of bail bonds and surety bonds in the sum of Rs. 30,000/- and on 13.08.2019 accused has furnished requisite bonds. Perusal of bonds furnished by accused shows that he has furnished FDR in the name of Ms. Divya Mahajan dated 12.08.2019 for an amou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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