TMI Blog2022 (2) TMI 1259X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 138 of the N.I. Act and the complaint under Section 138 of the N.I. Act has been withdrawn vide order dated 03.02.2021 A perusal of the judgment in BALDEV CHAND BANSAL VERSSTATE OF HARYANA AND ANOTHER US [ 2019 (1) TMI 1949 - PUNJAB HARYANA HIGH COURT] would show that in a similar case where the FIR had been registered under Section 174-A IPC in view of the order passed in proceedings under Section 138 of the Act, while declaring the petitioner therein as proclaimed offender, a co-ordinate Bench after relying upon various judgments observed that once the main petition under Section 138 of the Act stands withdrawn in view of an amicable settlement between the parties, the continuation of proceedings under Section 174-A IPC is noth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llenge is to the common order and to the common FIR and with the consent of both the parties, the facts are being taken from CRM-M- 9497-2021 which is taken as the lead case. Respondents no.2 and 3-HDFC Bank had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (in short N.I.Act ) against Ramphal and his father Bhoma Ram. In the said case, both the said persons were declared as proclaimed persons vide order dated 22.01.2020 as they did not appear on the said date. The Judicial Magistrate Ist Class, Bhiwani had also directed the SHO of concerned Police Station to register an FIR under Section 174-A IPC. In pursuance of the order passed by the Judicial Magistrate Ist Class, Bhiwani, the present FIR under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint moved by learned counsel for complainant. Heard. Keeping in view the facts mentioned in the application and in the interest of justice, application in hand stands allowed. Learned counsel for complainant has prayed for summoning the original file from the record room. Original file received from the record-room. Ahlmad is directed to restore the original file on its original number. Learned counsel for complainant has suffered a statement in writing to the effect that he does not want to pursue the present complaint and prayed for withdrawing the same. Heard. In the interest of justice, request allowed. In view of the statement, the present complaint stands dismissed as withdrawn. File be consigned to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the parties shall remain bound by the terms and conditions set forth in the Compromise Deed. Place: Chandigarh DEPONENT Dated: 20.01.2022 Verification: Verified that the contents of Para's No. 1 to 5 of my above affidavit are true and correct to my knowledge and belief. No part of it is false and nothing has been concealed therein. Place: Chandigarh DEPONENT Dated: 20.01.2022 A co-ordinate Bench of this Court in CRM-M-43813-2018 titled as Baldev Chand Bansal vs. State of Haryana and another , decided on 29.01.2019 has held as under:- Prayer in this petition is for quashing of FIR No.64 dated 15.02.2017 filed under Section 174-A of the Indian Penal Code registered at Police Station Sector-5, Panchkula a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therein as proclaimed offender, a co-ordinate Bench after relying upon various judgments observed that once the main petition under Section 138 of the Act stands withdrawn in view of an amicable settlement between the parties, the continuation of proceedings under Section 174-A IPC is nothing but an abuse of the process of law. The said aspect was one of the main consideration for allowing the petition and setting aside the order declaring the petitioner therein as proclaimed person as well as quashing of the FIR under Section 174-A IPC. Another co-ordinate Bench of this Court in a case titled as Ashok Madan vs. State of Haryana and another reported as 2020(4) RCR (Criminal) 87 has also held as under:- No doubt, the learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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