S C KAKAR Vs. STATE OF U P

JUDGEMENT

(1.) J. K. Mathur, J. This petition under Section 482, Cr. P. C. seeks quashing of the proceedings pending in the Court of Xllth Addl. Chief Judicial Magistrate, Lucknow consequent to the charge-sheet filed on 11-2-1994.

(2.) THE First Information Report was lodged by the opposite party No. 5 against the petitioner on 21-9-93 at Police Station Hussain Ganj, Lucknow. THE petitioner chal lenged that Report in Writ Petition No. 5547 (M/b) of 1993 and an interim order was passed on 9-12-1993 by which the arrest of the petitioner was stayed. After conclusion of the investigation, a charge-sheet appears to have been filed in the Court of Xllth Addl. Chief Judicial Magistrate, Lucknow. THE proceedings consequent to the said charge-sheet have been challenged by this petition.

(3.) THE first contention raised on behalf of the petitioner is not tenable. THE offence under Section 138, rests on the issuance of a cheque for payment of which there was no money available in the Account and the cheque was dis-honoured while the requirement of an offence under Section 420, I. P. C. is entirely different. Under the provisions of Section 420, I. P. C. a person may be punished in case he dis- honestly induces a person to deliver property to any person, or to make, alter or destroy any valuable security or part of it or any document which is capable of being converted into a valuable security.