JUDGMENT :

Notice. Mr. J. S. Guleria, learned Deputy Advocate General appears and waives service of notice on behalf of the respondents.

2. With the consent of the parties, the instant petition is taken up for final hearing.

3. This petition has been filed by the petitioners for the grant of following substantive relief:

“It is, therefore, most respectfully prayed that this petition may kindly be allowed and FIR No. 2/2020, dated 18.01.2020, lodged against the petitioners under Sections 420, 406 and 120B of the Indian Penal Code in Police Station of Additional S.P. CID, Bharari, Shimla9, may kindly be quashed and setaside and for this act of kindness your humble petitioners as in duty bound shall ever pray.”

4. It is vehemently argued by Mr. Rajeshwar Thakur, learned counsel for the petitioners that once the proceedings under Section 138 of the Negotiable Instruments Act (for short NI Act) are initiated and are already pending against the petitioners, therefore, in no event, could the respondents have registered a case for the same offence i.e. dishonour of cheque, against the petitioners under Sections 420, 406 and 120B of IPC.

5. On the other hand, Mr. Ashok Sharma, learned Advocate G