SEKHAR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Over the incident of dishonour of a cheque for Rs. 1,30,000/- the opposite party no. 2 herein on October 23, 2003 made a complaint in Court against the petitioner alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act and on December 10, 2003 moved an application under Section 156 (3) of the Code of Criminal Procedure before the Learned Sub- Divisional Judicial Magistrate, Barrackpore against the petitioner alleging commission of an offence punishable under Section 420 of the Indian Peal Code. When the Learned Magistrate in exercise of his power under Section 156 (3) of the Code directed the said complaint to be treated as FIR and the investigation to be caused into the allegations made therein. Accordingly, a specific case being Bizpur Police Station Case No. 37 of 2005, under Section 420 of the Indian Penal Code has been registered against the petitioner. The petitioner has now moved this Court for quashing of the said FIR on the sole ground that over the self-same allegations two criminal cases cannot be instituted.

(2.) Heard the Learned Counsels appearing on behalf of the parties. Perused the Case Diary and the case laws cited by the learned advocates appearing on behalf of the parties.

(3.) It is true although the aforesaid two cases, one under Section 138 of the Negotiable Instruments Act and other under Section 420 of the Indian Penal Code were instituted over the dishonour of the self-same cheque but the allegations are not same and identical. Moreover, the offences punishable under Section 138 of the Negotiable Instruments Act and under Section 420 of the Indian Penal Code are completely distinct and different and thus there is no bar for simultaneous continuation of the said two criminal cases.