Augustine George Masih, J.—Prayer in this petition is for quashing of FIR No.265 dated 23.7.2003 (Annexure P-3) under Section 420 IPC registered at Police Station Division No.6 Ludhiana on the ground that complainant-respondent No.2 has initiated proceedings under Section 420 IPC and 138 of the Negotiable Instruments Act, 1881 (for short the ‘N.I. Act’) simultaneously against the petitioner through a criminal complaint which is verbatim the same as the FIR and in the said criminal complaint, petitioner has been summoned only for offence under Section 138 of the N.I. Act vide order dated 12.11.2003 (Annexure P-2) by the Judicial Magistrate, 1st Class, Ludhiana.

2. It is the contention of the counsel for the petitioner that the allegations in the FIR and in the criminal complaint preferred by the complainant (Annexures P-1 and P-3) are verbatim the same and the Court, on the basis of the preliminary evidence led by the complainant in criminal complaint, taking into consideration the evidence so produced, has summoned the petitioner only for offence under Section 138 of the N.I. Act vide order dated 12.11.2003 (Annexure P-2). He contends that once the criminal proceed