VIPIN SANGHI, J.

1. The petitioner has preferred the present writ petition to seek the quashing of FIR 616/2015 dated 09.07.2015 registered u/s 420/406/34 IPC at PS Vivek Vihar. The premise on which the said prayer is made is that on the same facts, respondent no.2/complainant had preferred a complaint u/s 138 of Negotiable Instrument Act, which has been dismissed in default for want of prosecution on 20.08.2015 by the Ld. Judicial Magistrate. The petitioner has placed reliance on section 256 Cr PC to submit that the dismissal of the said complaint tantamounts to acquittal of the accused. The further submission is that since the petitioner/accused stands acquitted in the said complaint – which was premised on the same facts on the basis of which the FIR in question has been registered, by force of section 300 Cr PC the petitioner cannot be tried again in the aforesaid police case FIR registered against the petitioner vide FIR No. 616/2015.

2. Section 300(1) Cr PC is relevant for the present purpose and the same reads as follows:

“300. Person once convicted or acquitted not to be tried for same offence.

1. A person who has once been tried by a Court of competent jurisdiction f