GAURAV DEWAN Vs. STATE OF U P

JUDGEMENT

(1.) IN the present case, the petitioners wanted to get an order of quashing the F.I.R. dated 29th September, 2005 lodged as Case Crime No. 853 of 2005, under Sections 420, 467, 468 & 471 I.P.C., Police Station Kanth, District Moradabad and further incidental prayers as well as interim order not to arrest the petitioners during pendency of the writ petition. It is well known that Section 420 I.P.C. is made for cheating and dishonestly inducing delivery of property. Such offence is cognizable, non-bailable, compoundable with permission of the Court before which any prosecution of such offence is pending, and triable by Magistrate of First Class. Sections 467, 468 and 471 I.P.C. are really applicable in the case of forgery.

(2.) THE case of the complainant being respondent no. 4, the Secretary of Ganna Samiti Ltd., Kanth, in the first information report is that upon purchasing sugarcane through samiti by the petitioner company, the petitioners, being Managing Director and Occupier of the Company, handed over a cheque amounting to Rs. 3,19,14,000/- for the respective payments. On presentation to the bank, it was returned due to insufficient fund. According to the complainant, the petitioner no. 1, being Managing Director, knowing fully well that there is insufficient amount in the bank handed over the cheque. Therefore, such action is violative of the aforesaid sections.

(3.) THEREFORE , the aforesaid section under the Negotiable Instruments Act, 1881 is a special Act when Section 420 of the Indian Penal Code is a general Act. It is well known that special prevails over the general. Therefore, in such situation, like the above, Section 138 of the Negotiable Instruments Act is desirably applicable. In any event, presently situation is different. The petitioners admittedly paid the amount of Rs.3,19,14,000/-, which has been recorded under an order of the Division Bench dated 18th October, 2005.