S JAYASWAMI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure (in short,"Cr, P.C.") for quashing the proceedings in GR. Case No. 896 of 2004 of the Court of learned SDJM, Puri arising out of Kumbharpada P.S. Case No. 144 of 2004 involving offences under Sections 420/34, IPC and Section 138 of the Negotiable Instruments Act.

(2.) Opposite Party No. 2 lodged an F.I.R. on 29-7-2004 in Kumbharpara Police Station alleging that the petitioners who are Managing Director and Finance Director respectively of M/s. Smith and Kenner Pharmaceuticals Pvt. Ltd., Hyderabad had business transaction with him and in that connection they had issued 12 post-dated cheques, each worth of Rs. 50.000/-, towards repayment of the security deposit. But on presentation in the Bank, those cheques were dishonoured one after the other. Basing on the said F.I.R., Kumbharpara P.S. Case No. 144 of 2004 was registered under Sections 420/34. IPC and Section 138 of the Negotiable Instruments Act (in short, "the Act") and investigation of the case is going on. The petitioners have filed the present application under Section 482, Cr. P.C. to quash the said investigation and proceedings of the G.R. Case No.896 of 2004 basically on the plea that such case is not maintainable in the eye of law.

(3.) Mr. S. N. Mohapatra, learned Senior Counsel appearing for the petitioners submitted that complaint cases bearing ICC Nos.79 of 2004, 113 of 2004, and 135 of 2004 having already been filed in the Court of learned SDJM, Puri on the issue of bouncing of cheques bearing Nos. 164276 dated 28-1-2004, 164277 dated 28-2-2004, 164278 dated 28-3-2004 and some complaint cases having been filed subsequently for the rest cheques, G.R. Case No. 896 of 2004 on the same issue is not maintainable. He submitted that even otherwise Section 142 of the Act contemplates for filing of complaint petitions only by the payee or holder of the dishonoured cheques and bars police investigation into the offence under Section 138 of the Act.