1. Heard learned counsel for the applicants and the learned A.G.A.

2. This application under S.482 CrPC has been filed for quashing the Complaint Case No. 642 of 2012 (Ram Prakash alias Ramu v. Bhagat Singh Chauhan) filed in the Court of Additional Chief Judicial Magistrate, Court No. 8, Agra, under S.406, S.419, S.420, S.504, S.506 IPC, Police Station Sikandra, District Agra.

3. It is sought to be urged that the criminal proceedings initiated for the offence under the Indian Penal Code (IPC) would be misuse of the process of the Court. In the event of the cheque being returned by the bank, for insufficiency of funds, Negotiable Instrument Act being a special Act would override the IPC, therefore, the applicant should have proceeded under the NI Act instead of lodging a complaint for prosecution.

4. In my opinion, the argument is misconceived.

5. There cannot be any doubt or dispute that a creditor can maintain a civil and criminal proceeding at the