LAXMI CHAND GOYAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioners have filed this petition under Section 482 of the Code of Criminal procedure, 1973 (in short 'the Code') for quashment of the criminal proceeding initiated on the basis of complaint made by respondent No. l for the offence punishable under Sections 418 and 468 of the Indian penal Code against them.

(2.) QUASHMENT is challenged on the ground that complaint filed on behalf of respondent no. 1 is barred in terms of Section 195 (1) (b) (ii) of the Code.

(3.) BRIEF facts leading to filing of this petition are that that present petitioner No. l had filed a complaint against respondent No. l for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the Act, 1881') relating to cheque bearing cheque No. 708057 issued by respondent No. 1 and same is pending before the Additional Chief Judicial Magistrate, bilaspur, in Criminal Case No. 1829/2005. Present respondent No. 1 has also filed criminal complaint against the present petitioners in connection with the offences punishable under Sections 193, 196, 197, 198, 199, 200, 209, 210, 211, 417, 418, 465, 467, 468, 469, 471 read with Section 34 and 37 of the Indian Penal Code and Section 11 (f)and 11 (f) (f) of the Chhattisgarh Money lenders Act, 1934 (in short 'the Act, 1934')relating to same cheque bearing cheque no. 708057.