2011 ACD 898 (AP) ::(2011) 2 CurCriR 461 ::(2012) 2 CivLJ 541 ::(2011) 1 ALD(CRL) 882 ::(2011) 2 NIJ 476

Andhra Pradesh High Court

Hon'ble Judge(s): Samudrala Govindarajulu , J

( A ) Negotiable Instruments Act (26 of 1881) S. 138 , 142 (a) — Penal Code (45 of 1860), S. 420 — Criminal P. C. (2 of 1974), S. 300 — Dishonour of Cheque and cheating — No legal bar for maintaining two criminal cases against accused i.e. one filed by police for offence u/S. 420, I.P.C. and other filed by complainant himself for offence u/S. 138 of N.I. Act.Section 142 (a) of the Negotiable Instruments Act creates a bar for the Court to take cognizance of any offence punishable under Section 138 except on a complaint in writing made by the payee or the holder in due course of the cheque. Therefore, there is no possibility of the police investigating into both the offences under Section 420, I.P.C. and Section 138 of the Negotiable Instruments Act together even though both the offences arise out of the same transaction of issuance of the cheque which was dishonoured later. Since the offence under Section 420, I.P.C. is a cognizable offence, report is given by the de facto complainant to the Police for investigation of the offence under Section 420, I.P.C.; and since cognizance for the offence under Section 138 of the Negotiable Instruments Act can be taken only upon a private complaint filed by the payee of the cheque, the complainant filed separate private complaint against the accused. Thus, two criminal cases are filed against the petitioner/accused, one by the complainant himself and another by the police; and both are bei....