(1.) The question that arises for consideration in the present petition is as to whether registration of the FIR under Sec. 420 of the Indian Penal Code alongwith ancillary Ss. , after earlier proceedings instituted consciously for offence under Sec. 138 of the Negotiable Instruments Act, 1881 had been quashed by the High Court and the judgment having been upheld by the Hon'ble Supreme Court, after certain cosmetic changes would amount to an abuse of the process of law.
(2.) The present case is one such case where the respondent No.2- complainant, who was also a Director and shareholder of the Company to which payment had been advanced, had chosen to institute proceedings against the other Directors of the Company-without impleading the Company, and after having been unsuccessful in the proceedings instituted under Sec. 138 of the Negotiable Instruments Act, 1881. So much so, a specific finding was recorded by the High Court, while quashing the complaint as well as the summoning order that no amount was due by the Director. The cheque in question was issued in the year 2015, proceeding instituted under Sec. 138 and summoning order was passed on 11/6/2016 and order of quashing was passed on 25/9/2019. Order of quashing was passed on 25/7/2019. The SLP was dismissed on 25/11/2019. The FIR has thereafter been registered on 11/6/2022-nearly after a decade when the amount was purportedly invested and 07 years after the cheque was dishonoured. The limitation for recovery as per the limitation Act, 1963 also came to an end in 2018. Yet, the Police promptly registered the FIR without even a preliminary inquiry.
(3.) The instant petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') seeking quashing of case bearing FIR No. 100 dtd. 11/6/2022 under Sec. 406, 419, 420, 477 and 120-B of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station South Sector 34, Chandigarh (Annexure P-1) and all subsequent proceedings arising therefrom.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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