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Judgment
SANJAY VASHISTH, J. (Oral)
By way of present petition filed under Section 528 of BNSS petitioner is seeking quashing/setting aside of order dated 03.11.2025(Annexure P-1), whereby the petitioner has been declared as proclaimed Person/offender in complaint case under Section 138 of Negotiable Instruments Act, 1881, bearing NACT-706-2020 dated 13.10.2020 and all consequential proceedings arising therefrom.
Learned counsel for the petitioner submits that respondent No. 2/complainant-Rajpal had instituted a complaint under Section 138 of the NI Act, bearing No. NACT-706/2020, in which the petitioner was subsequently declared a ‘proclaimed person’.
Learned counsel further submits that the main dispute, which was the subject matter of complaint case No. NACT-706/2020, has since been amicably resolved between the parties and, consequently, the complaint itself has been withdrawn by the complainant on 18.07.2026 (Annexure P-3). In support of his submission, learned counsel refers to the order dated 18.07.2026 (Annexure P-3) passed by the learned Presiding Officer, Special Lok Adalat-cum-Judicial Magistrate First Class, Fatehabad, which reads as under:
“Present: Complanant in person with Sh. Sunil Kumar Samain, Advocate
Papers taken up again.Orginal file has been received from the record room and the same has been restored to its oringinal number.
File taken up in Special Lok Adalat scheduled for the even date.
At this stage, complainant appeared and suffered a statement that he has compromised the matter with the accused, so he does not want to pursue the present complaint and wants to withdraw the same. He has bee duly identified by his learned counsel.
Heard. In view of the above statement, present complaint is hereby dismissed -as-withdrawn in Special Lok Adalat. File be consigned to record room after due compliance.
Announced in Special Lok Adalat:
Dated:18.07.2026 (Joginder Jangra)
Presiding officer,
Special Lok Adalat-cum-Judicial Magistrate First Class, Fatehabad.”
Learned counsel for the petitioner further submits that once the substantive proceedings under Section 138 of the NI Act, out of which the proceedings declaring the petitioner as a proclaimed person had arisen, have themselves been withdrawn on the basis of a compromise, continuation of the consequential proceedings against the petitioner would serve no useful purpose and would amount to an abuse of the process of law. It is further submitted that no FIR under Section 209 of the BNS (corresponding to Section 174-A of the IPC) has been registered against the petitioner pursuant to the order declaring him a proclaimed person.
Notice of motion.
On being asked by the Court, Mr. Dhruv Dayal, learned Additional Advocate General, Haryana, who is present in Court, accepts notice on behalf of respondent No. 1-State. Copy of the paper book has already been supplied to him.
In view of the settled proposition of law and the fact that several similar matters have already been decided by this Court, learned State counsel has no serious objection to the prayer made in the present petition.
I have heard learned counsel for the parties and perused the paper-book.
In the facts and circumstances of the present case, once the proceedings under Section 138 of the NI Act have been brought to an end on the basis of a compromise between the parties, continuation of the consequential proceedings arising therefrom would serve no useful purpose and would amount to an abuse of the process of law.
Accordingly, present petition is allowed. Order dated 03.11.2025 (Annexure P-1), whereby the petitioner was declared a proclaimed person, is hereby quashed qua the petitioner.
However, it is made clear that, in case any FIR under Section 209 of the BNS (corresponding to Section 174-A of the IPC) has already been registered on account of the petitioner having been declared a proclaimed person, and the same is pending and has not been challenged before this Court in the present proceedings, the benefit of the present order shall not automatically extend to such FIR or the proceedings arising therefrom.
With the aforesaid terms, present petition stands disposed of.