KULDEEP TOMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition is for quashing of FIR No.113 dated 12.08.2009 under Sections 420, 467, 468 and 471 IPC registered at Police Station Sadar Nabha, District Patiala (Annexure P-l) and all consequential proceedings arising therefrom.

(2.) IT is the contention of the counsel for the petitioner that the registration of the present FIR is an abuse of process of law especially when it is a case where cheque, which was handed over to the complainant, has been returned by the bank by endorsing that the signatures do not tally. He contends that the remedy of initiating proceedings under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the 1881 Act') is available to the complainant and the present FIR has been got registered against the petitioner after the limitation to avail the said remedy stood expired. In support of this contention, counsel for the petitioner has placed reliance on the judgment of this Court in the case of Charanjit Singh Chawla Vs. State of Punjab, 2009(2) R.C.R. (Criminal), 690 and reliance has also been placed on the judgment of the Hon'ble Supreme Court in the case of Veer Prakash Sharma Vs. Anil Kumar Agarwal and another, 2007(3) R.C.R. (Criminal), 960 to contend that where there is an alternate remedy available, inception of criminal proceedings for the same cause of action is not maintainable.

(3.) ACCORDINGLY , it is prayed that the present petition be dismissed. I have heard learned counsel for the parties and gone through the records of the case.