PAWAN ANAND Vs. BANJYOTI NATH

JUDGEMENT

(1.) By making this application, under Section 482, Code of Criminal Procedure, the Petitioner, who is accused in Complaint Case No. 2700/2009, which is presently pending in the court of the Chief Judicial Magistrate, Kamrup, at Guwahati, has sought for quashing of the complaint, which has given rise to the said case.

(2.) The Petitioner is facing prosecution under Section 138 of the Negotiable Instrument Act, 1881 ('NI Act'). It is the Petitioner's case that following the alleged dishonour of the cheque, the opposite party herein has already lodged, on 25.7.2009, an FIR and, on the basis of the said FIR, Chandmari Police Station Case No. 207/2009, under Sections 406/420/34, IPC, has been registered and the investigation is presently pending.

(3.) The Petitioner, with the help of this petition made under Section 482, Code of Criminal Procedure, contends that since a case, under Sections 406/420/34, IPC, is pending, for investigation, with the police, as indicated above, the Petitioner's prosecution, under Section 138 of the NI Act, is not legally sustainable.