Quashed

Suresh Kumar v. State Govt.of NCT of Delhi

Delhi HC24 Sept 2024CRL.M.C./7551/2024

Case brief

AI extract

What is this about?

High Court Delhi allowed a writ petition seeking quashing of an FIR under Section 174A IPC. It held that with the settlement of the primary cheque dispute and withdrawal of cognizance proceedings, continuing the 174A FIR was an abuse of process and had no purpose.

What did the court decide?

FIR No. 133/2020 under Section 174A IPC and all proceedings emanating therefrom quashed. Petition and pending applications disposed of.

Suresh Kumar Vs State Govt.of NCT of Delhi — Cheque Dishonour | Delhi HC (2024)

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$~61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7551/2024

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SURESH KUMAR .....Petitioner

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Through: Mr. Prince Jain, Ms. Neera Jain, Mr. Saroj Kumar Singh, Advs.

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versus

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STATE GOVT.OF NCT OF DELHI .....Respondent Through: Ms. Kiran Bairwa, APP for State and SI Loveleen, PS Moti Nagar, ASI Ashok Kumar, PCR.

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CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

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The present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No. 133/2020 dated 16.03.2020 under Section 174A IPC registered at PS Moti Nagar, Delhi and all other proceedings emanating therefrom.

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Learned counsel submits that the present FIR was registered as the proceedings under Section 82 Cr.P.C. were issued against the petitioner in the complaint under Section 138 NI Act. Learned counsel submits that complaint against the petition bearing CC No. 1310/2018 titled as Rajender vs. Suresh Kumar has already been settled vide order dated 03.06.2022.

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Issue notice. Learned APP for State has accepted the notice.

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The copy of the order of learned MM dated 03.06.2022 has been placed on record which reveals that the entire matter has been settled

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:46:35

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between the petitioner and the complainant. The proceedings under Section 82 & 83 Cr.P.C. were also recalled.

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In Ashok Madan vs. State of Haryana and another , 2019 SCC OnLine P&H 7782, the Punjab Haryana High Court, held that although the offense under Section 174A IPC is independent of the main case, its registration was due to the petitioner’s absence, which was later regularized by the grant of bail. Thus, continuing the proceedings under Section 174A IPC would be an abuse of the court's process. Consequently, the petition was allowed, and FIR No. 446 dated 21.08.2017 was quashed. Thus it is clear that the FIR was registered under Section 174A IPC pursuant to the order passed by learned Trial Court in proceedings of CC No. 1310/2018 titled as Rajender vs. Suresh Kumar under Section 138 NI Act.

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On the identical facts the High Court of Punjab and Haryana in Sanjeev Kumar vs State of Haryana CRM-M-60015-2022, the proceedings under Section 174A IPC was quashed in the complaint case under Section 138 NI Act against the petitioner stood withdrawn.

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In the circumstances, I consider that there will be no purpose of continuing with the proceedings. Hence, FIR No. 133/2020 dated 16.03.2020 under Section 174A IPC registered at PS Moti Nagar, Delhi and all other proceedings emanating therefrom stands quashed.

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The present petition along with pending application, if any, stands disposed of.

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DINESH KUMAR SHARMA, J

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SEPTEMBER 24, 2024/AR/NA..

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:46:35

Suresh Kumar v. State Govt.of NCT of Delhi

Case brief

What is this about?

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Suresh Kumar v. State Govt.of NCT of Delhi

Case brief

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