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2021 Supreme(P&H) 128

AMOL RATTAN SINGH
Sunil Garg – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vishal Goel.
For the Respondents: Mr. Sandeep Singh Deol, Mr. J.S. Mehndiratta.

JUDGMENT :

AMOL RATTAN SINGH, J.

1. By this petition, the petitioners seek quashing of FIR no. 122 dated 20.10.2018, registered at Police Station Division no. 4, Patiala, for the alleged commission of an offence punishable under Section 420 of the IPC.

2. Arguments have been addressed at length by learned counsel for the petitioners, as also by learned counsel respondent no. 2, i.e. the complainant in the FIR. The matter actually arises out of a cheque stated to have been issued by the petitioners to the complainant but which the learned counsel for the petitioners denies was actually ever issued to the complainant at all, with him further submitting that in any case proceedings under the provisions of Section 138 of the Negotiable Instruments Act, 1881, already having been instituted against the complainant, the FIR in question would not lie at all and therefore it deserves to be quashed.

3. He has relied upon essentially three judgments in that context, from which he has read out the relevant passages for this court, i.e. (i) Hridya Ranjan Pd. Verma and Others vs. State of Bihar and Another, (ii) Maripalli Mahirathnam Gupta vs. State of Andhra Pradesh, (iii) J. Vidya Sagar vs. State

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