2011 (8) TMI 1292 - HC - Indian Laws

Summary

Issues involved: Application u/s 482 for quashing FIR and proceedings under IPC and Negotiable Instruments Act.

Summary:

Issue 1: Quashing of FIR and Criminal Case under IPC and Negotiable Instruments Act
The applicant sought to quash the FIR and proceedings arising from a complaint under Section 138 of the Negotiable Instruments Act, alleging offenses under Sections 406, 420, and 114 of the Indian Penal Code. The applicant contended that the subsequent FIR and Criminal Case were an abuse of process since a complaint under Section 138 was already pending.

Issue 2: Arguments of the Applicant
The applicant's advocate argued that the FIR was impermissible when a complaint under Section 138 was already filed, making the subsequent FIR and Criminal Case unjustifiable. It was asserted that the applicant should not be prosecuted under IPC sections when a complaint under the Negotiable Instruments Act was pending.

Issue 3: Arguments of the Respondents
The respondent's advocate contended that the proceedings under the Negotiable Instruments Act were distinct from the FIR, which alleged cheating and breach of trust. Relying on legal precedents, it was argued that the applicant could be prosecuted for the offenses mentioned in the FIR.

Issue 4: Court's Analysis and Decision
The Court considered the arguments presented and the legal precedents cited. It noted that simultaneous proceedings under the Negotiable Instruments Act and IPC sections were permissible, as established in relevant case law. The Court emphasized the wide powers under Section 482 of the Code and the need for caution in quashing proceedings. A precedent cited by the applicant was deemed inapplicable to the current case. Consequently, the Court rejected the application, stating that the allegations against the applicant warranted prosecution, and the application was dismissed with the interim relief vacated.