- (1.) This criminal misc. application under Section 482 Cr.P.C. has been preferred with a prayer for quashing of the impugned summoning order dated 19.1.2012 passed by the Court of A.C.J.M., Court No. 7, Bareilly in complaint case No. 4791 of 2011 (M/s. Brijraj Associates v. Om Prakash Singh) under Section 138 Negotiable Instrument Act, P.S. Subhash Nagar, district Bareilly. Heard learned counsel for the applicant and learned A.G.A. Perused the record. The submission of the counsel for the applicant is that the cheque in question dated 5.12.2010 for an amount of Rs. 5,80,000/- was dishonored by the S.B.I., Branch Sahupuri, Varanasi with an endorsement that the signature of the drawer of the cheque do not match with the signatures available with the bank and the signature of the drawer is incomplete on the cheque. Such endorsement of the Bank does not constitute the offence under Section 138 of N.I. Act in view of the language used therein.
(2.) It has also been submitted by the counsel for the applicant that the opposite party has also lodged the F.I.R. against the present applicant which was registered as case crime No. 654 of 2013, under Section 420 and 406 I.P.C. at P.S. Subhash Nagar district Bareilly for the same controversy and as such, two prosecutions cannot be launched against the applicant for the same incident.
(3.) In support of his submissions, learned counsel for the applicant has placed reliance on two case laws which are as under: 1. Mrs. Aparna A. Shah v. Sheth Developers Put. Ltd and another,2013 3 CCSC 1363, 2. Babulal Nominal Jain v. Khimji Ratansha Dedhia,1998 LS 384.;