IMPORTANT POINT
Pending proceeding under Section 138 N.I. Act before Court, Police cannot be permitted to investigate matter parallel to criminal proceedings pending before Court.

Banwari Lal Sharma, J.—Matter came up on IA No. 5462/2016 for permission of filing charge sheet against accused petitioner in light of order dated 19.07.2010 but with the consent of learned counsel for the petitioner and learned PP, the matter is heard finally at this stage.

2. Petitioner- accused Mohammed Ashraf has preferred this misc. petition under Section 482 Cr.P.C. for quashing FIR No. 150/2010 registered at Police Station Ramganj Mandi, District Kota and all further investigation and proceedings therein against the petitioner for alleged offences under Sections 420 and 384 of IPC (Section 467, 468 and 471 IPC added by Police during investigation).

3. The brief facts of the case are that respondent no. 2- complainant victim submitted a written report addressing to Deputy Superintendent of Police, Ramganj Mandi Kota stating therein that:-

(Matter in other Language)

The said report was sent to SHO Police Station Ramganj Mandi, Kota under Section 154 (3) Cr.P.C. by the concerned Dy. S.P. on which FIR No. 150/2010 under Section 420 and 384 IPC was registered and investigation commenced, matter is under investigation.

4. Learned counsel for the petitioner submits that one Mr. Abdul Khalik @ Pappu Proprietor of R.K. Stone Supplier of District Kota had borrowed an amount of Rs. 3,50,000/- from the petitioner for business purpose, to repay the aforesaid amount he gave disputed cheque dated 15.04.2010 to petitioner. The cheque in question was presented by the petitioner on even date but the same was received unpaid due to account closed on 17.05.2007. Thereafter, the petitioner served a legal notice upon aforesaid Mr. Abdul Khalik @ Pappu Proprietor of R.K. Stone Supplier of District Kota but despite receipt of the notice, he failed to pay the cheque amount. Thereafter, petitioner filed a criminal complaint u/s 138 of Negotiable Instrument Act 1881 before the Court of learned Additional Chief Judicial Magistrate, Ramganj Mandi, Kota. After receiving the legal notice dated 22.04.2010 aforesaid Mr. Abdul Khalik @ Pappu Proprietor of R.K. Stone Supplier of District Kota, cooked up a false and fabricated story, with the intention to create defense for the complaint filed by the petitioner u/s 138 of N.I. Act, 1881 with convenience of one Ram Pratap who was the accountant of Mr. Abdul Khalik @ Pappu and in pursuance of the aforesaid false defense Ram Pratap submitted a written report before the Dy. Superintendent of Police, Ramganj Mandi, Kota on which aforesaid FIR was registered. He submits that from the perusal of FIR itself no offence is made out against the present petitioner under Section 420 and 384 IPC. He also submits that the allegation against the present petitioner is only that he issued notice and filed criminal complaint before the court of law, therefore, initiation of criminal proceedings before the Court cannot be treated as cheating as defined in Section 415 of IPC and the ingredient of Section 384 IPC are also not available in the present case, therefore, the impugned FIR may be quashed.

5. Learned PP Mr. Anil Yadav submitted factual report of the matter which is taken on record. He submits that after investigation offence under Section 420 and 384 IPC is made out against the present petitioner and charge sheet No. 186/2016 has already been registered, therefore, this misc. petition may be dismissed.

6. Respondent No. 2- complainant was duly served but no one appeared on behalf of him.

7. I have considered the submissions made by learned counsel for the petitioner and learned PP.

8. The allegation against the present petitioner is that after taking signed cheque, he issued notice to one Abdul Khalik @ Pappu and thereafter filed criminal complaint before the court of law under Section 138 N.I. Act for constitute of offence under Section 420 IPC.

9. Cheating is defined in Section 415 of IPC which reads as under:-

“Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so