MANOJ MISHRA,J. - (1.) Heard learned counsel for the applicant and the learned AGA for the State.
(2.) By the present application under Section 482 CrPC, the applicant has sought quashing of the complaint case no.869 of 2012, pending in the Court of Additional Civil Judge (Jr. Div.), Ghaziabad, under Section 138 of the Negotiable Instrument Act.
(3.) The main thrust of the submission of the learned counsel for the applicant for quashing of the complaint is that in respect of the same set of facts, the complainant has lodged a first information report against the applicant, which has been registered as case crime no.109 of 2012, under Sections 420, 406 and 506 IPC, at police station Kavi Nagar, district Ghaziabad, therefore, on the same cause of action the applicant cannot be prosecuted twice and, as such, the complaint and the proceedings as against the applicant, under Section 138 of N.I. Act, amounts to abuse of the process of Court. The other argument that has been advanced is that the cheque had returned unpaid on account of payment stopped by the drawer, therefore, the proceedings under Section 138 of the Negotiable Instrument Act are not sustainable.;