SUNEET KUMAR,J. - (1.) Sri S.K. Tyagi, Advocate has filed his vakalatnama on behalf of opposite party no. 2, is taken on record. Heard learned counsel for the applicant, learned counsel for opposite party no. 2 and the learned A.G.A.
(2.) By means of the present application filed under Section 482 Cr.P.C., the applicant has prayed for quashing the proceeding of Complaint Case No.4343 of 2015 (Smt. Komal Bhasin v. Yashpal Singh Chauhan), under Section 138 of Negotiable Instruments Act, 1881 (for brevity 'N.I. Act'), P.S. Kotwali, Kanpur Nagar pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar.
(3.) Three fold argument has been advanced by the learned counsel for the applicant: (i) The complaint under Section 138 N.I. Act could not have been filed by the power of attorney holder; (ii) The applicant to satisfy the decree passed by the Arbitral Tribunal had issued the alleged cheques which subsequently bounced. The complainant has already approached the competent court for executing the decree, therefore, parallel proceeding under the N.I. Act to recover the sum due is misuse of process of court; (iii) The applicant can avail one remedy, either to execute the decree or to proceed under Section 138 N.I. Act.;