BHAGAT SINGH CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicants and the learned A.G.A.

(2.) This application under Sec. 482 Crimial P.C. has been filed for quashing the Complaint Case No. 642 of 2012 (Ram Prakash alias Ramu v Bhagat Singh Chauhan) filed in the court of Additional chief Judicial Magistrate, Court No. 8, Agra, under Sections 406, 419, 420, 504, 506 I.P.C., Police Station Sikandra, District Agra.

(3.) It is sought to be urged that the criminal proceedings initiated for the offence under the Indian Penal Code (I.P.C.) would be misuse of the process of the court. In the event of the cheque being returned by the bank, for insufficiency of funds, Negotiable Instrument Act being a special Act would override the I.P.C., therefore, the applicant should have proceeded under the N.I. Act instead of lodging a complaint for prosecution.