Pancham Ram And Anr vs State Of U.P. And Anr
2018 Latest Caselaw 554 ALL

Citation : 2018 Latest Caselaw 554 ALL
Judgement Date : 15 May, 2018

Allahabad High Court

Pancham Ram And Anr vs State Of U.P. And Anr on 15 May, 2018

Bench: Rajeev Misra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 14559 of 2018
 

 
Applicant :- Pancham Ram And Anr
 
Opposite Party :- State Of U.P. And Anr
 
Counsel for Applicant :- Rajesh Dutta Pandey,Hari Narayan Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Sri Rajesh Dutta Pandey, learned counsel for the applicants and the learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 23.10.2017 passed by the Special Chief Judicial Magistrate, Allahabad in Complaint Case No. 1194 of 2015 (Aushita Simlai Shah Vs. Pancham Ram and others) under Sections 420, 323, 504 and 506 I.P.C., Police Station-Colonelganj, District-Alllahabad.

Learned counsel for the applicants submits that from the perusal of the allegations made in the complaint, copy of which has been appended as Annexure no. 1 to the affidavit, it is explicitly clear that the main allegation in the complaint is regarding non-encashment of a cheque bearing no. 009126 drawn on United Bank of India, Civil Lines, Branch. He further submits that the proper remedy for the opposite party no. 2 was to file a complaint in terms of Section 138 N. I. Act and not a complaint as filed by her in the court below.

The Court finds that there is no provision in the Code of Criminal Procedure, which prohibits the initiation of criminal proceedings in respect of a criminality, which is punishable under the provisions of the Indian Penal Code, in a case where a complaint under Section 138 N.I. Act can be filed. The law is otherwise as held by the Apex Court in the case of Kolla Veera Raghav Rao Vs. Gorantla Venkateswara Rao reported in 2011 (2) SCC 703 wherein it has been held that in case a person has been convicted under Section 138 N.I. Act then in that situation he can not be tried or punished on the same facts under Section 420 I.P.C.

In view of the aforesaid settled legal position, no occasion arises before this Court to interfere with the present application.

Consequently, the present application fails and is accordingly dismissed.

Order Date :- 15.5.2018