Punjab and Haryana High Court: If cheque bounce complaint is withdrawn, continuing proclamation proceedings under Section 174A of IPC is abuse of power

The Punjab and Haryana High Court in the case Jarnail Singh Bajwa v. State of Punjab observed and has stated that once the main petition of cheque bounce case under Section 138 of the Negotiable Instrument Act, NI Act stands withdrawn in view of an amicable settlement between the parties, the continuation of proceedings initiated under section 174-A of Indian Penal Code, IPC is nothing but an abuse of the process of law.

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The bench headed by Justice N.S. Shekhawat was hearing the present matter.

In the present case, the petition is filed by Punjab realtor Jarnail Singh Bajwa, for quashing the First Information Report, FIR under Section 174-A of Indian Penal Code, IPC.

It was also contended before the court that a complaint of cheque bounce was lodged against Bajwa and the same was dismissed after parties entered into a settlement.

In the present case, Bajwa was declared to be a proclaimed offender in order to secure the presence of him before the court.