VIRENDRA SINGH RANA Vs. DINESH COOKING GAS AGENCY

JUDGEMENT

(1.) IN this petition, the petitioner seeks the quashing of the proceedings pending before the Additional Chief Judicial Magistrate, Sheopur Kalan, initiated on a private complaint disclosing the commission of offences under sections 427, 467 and 420 of I.P.C. and section 138 of the Negotiable Instrument Act. The petitioner had issued a cheque in favour of non -petitioner, which had bounced as no payment was made by the Bank.

(2.) IT is contended by the petitioner that the transaction was of civil nature, and the non -petitioner could not be permitted to resort to the criminal action, as that amounted to the abuse of the process of Court, and therefore, the proceedings deserve quashing by this Court under the inherent powers vested by virtue of section 482, Cr.P.C.

(3.) THE non -petitioner's counsel submits that the two liabilities are distinct in their scope and there is no legal prohibition if the two parallel proceedings were permitted to continue. In this regard, a reference was made to the authority of this Court in P. Janardhan Rao v. State of M.P. (1991 (1) MPWN SN 115), wherein, it was observed that: - -