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Harinderpal Singh v. State of Punjab, (P&H)

Written by  A Khurana
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PUNJAB AND HARYANA HIGH COURT

Before :- Mehtab S. Gill, J.

Criminal Misc. No. 48695-M of 2004. D/d. 24.8.2007.

Harinderpal Singh - Petitioner

Versus

State of Punjab - Respondent

For the Petitioner :- Mr. P.S.KHURANA , Advocate.

For the Respondent :- Mr. D.K. Mittal, Deputy Advocate General, Punjab.

HINT . Dishonour of cheque - Prosecution under Section 420 IPC not maintainable if complaint under Section 138 of Negotiable Instruments Act was pending.

Case referred :

G. Sagar Suri v. State of U.P., 2000(1) RCR(Criminal) 707 (SC).

JUDGMENT

Mehtab S. Gill, J. - This is a petition under Section 482 Cr.P.C. for quashing FIR No. 101, dated 10.8.2004, under Sections 420, 406 IPC, Police Station Division No. 2, Ludhiana and the consequential proceedings arising therefrom.

2. Learned counsel for the petitioner has argued, that the petitioner is a sole proprietor of M/s H.S. Narang and Sons. The petitioner had business dealing with Jiwan Sales Corporation. The petitioner received a notice of demand from Jiwan Sales Corporation dated 4.8.2004. Two cheques bearing No. 457182, dated 6.7.2004 for a sum of Rs. 43,279/- and No. 457183, dated 6.7.2004 for a sum of Rs. 40,000/- were issued in favour of Jiwan Sales Corporation, drawn on State Bank of India, Gill Road, Ludhiana. Both the cheques allegedly were dishonoured. In fact none of these cheques were issued by the petitioner in favour of Jiwan Sales Corporation.

3. Learned counsel has further argued, that for the recovery of amount of Rs. 83,279/- as per cheques No. 457182, dated 6.7.2004 (for a sum of Rs. 43,279/-) and No. 457183, dated 6.7.2004 (for a sum of Rs. 40,000/-), a complaint under Section 138 of the Negotiable Instruments Act (hereinafter called as the Act) was filed, which is still pending. This amounts to double jeopardy. As such, FIR No. 101 dated 10.8.2004, under Sections 420, 406 IPC, Police Station Division No. 2, Ludhiana be quashed.

4. I have heard the learned counsel for the parties and perused the file.

5. FIR No. 101, dated 10.8.2004 was registered under Sections 406/420 IPC for the recovery of the amount of Rs. 83,279/- as per cheque No. 457182, dated 6.7.2004 (for a sum of Rs. 43,279/-) and cheque No. 457183, dated 6.7.2004 (for a sum of Rs. 40,000/-). Proceedings under Section 138 of the Act were also initiated, for the dishonouring of those very cheques.

6. The Hon'ble Supreme Court of India in G. Sagar Suri v. State of U.P., 2000(1) RCR(Criminal) 707 (SC), has held in paragraph 14 as under:

"14. We agree with the submission of the appellants that the whole attempt of the complainant is evidently to rope in all the members of the family particularly who are the parents of the Managing Director of Ganga Automobiles Ltd. in the instant criminal case without regard to their role or participation in the alleged offences with a sole purpose of getting the loan due to the Finance Company by browbeating and tyrannizing the appellants of criminal prosecution. A criminal complaint under Section 138 of the Negotiable Instruments Act is already pending against the appellants and other accused. They would suffer the consequences if offence under Section 138 is proved against them. In any case there is no occasion for the complainant to prosecute the appellants under Sections 406/420 IPC and in his doing so it is clearly an abuse of the process of law and prosecution against the appellants for those offences is liable to be quashed, which we do".

7. In view of the above authority, Criminal Misc. Petition is allowed. FIR No. 101, dated 10.8.2004, under Sections 420, 406 IPC, Police Station Division No. 2, Ludhiana is quashed and all consequential proceedings arising therefrom are also set aside.

8. This order of mine will not have any effect on case FIR No. 101, dated 10.8.2004, under Sections 420, 406 IPC, Police Station Division No. 2, Ludhiana, if there are no proceedings pending against the petitioner under Section 138 of the Act, in regard to cheque No. 457182, dated 6.7.2004 for a sum of Rs. 43,279/- and cheque No. 457183, dated 6.7.2004 for a sum of Rs. 40,000/-.

Petition allowed.

REPORTED IN

2007(4) R.C.R.(Criminal) 534 : 2007(4) R.C.R.(Civil) 528 : 2007(4) CivCC 637 : 2008(1) PLR 151 : 2008(1) ILR(Punjab) 334 : 2008(1) AICLR 311 : 2008(1) ISJ (Banking) 532

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