KANWALJIT SINGH AHLUWALIA,J. - (1.) Present petition has been filed under Section 482 Cr.P.C., 1973 seeking quashing of FIR No.71/2017, registered at Police Station Sarwar, District Ajmer for offences under Sections 420, 467, 468, 471, 120B IPC.
(2.) Briefly stated, respondent No.1 Satish Kumar Gaur had issued a cheque amounting to Rs. 8,50,000/- in favour of the petitioner. Said cheque, on presentation, bounced. Petitioner filed a complaint under Section 138, N.I. Act. Before filing the complaint, petitioner issued a statutory notice and thereafter had filed the complaint. Petitioner has made a grievance that qua the said cheque, after initiation of complaint under Section 138, N.I. Act by the petitioner, the complainant-respondent, accused in the case under Section 138, N.I. Act, lodged FIR No.71/2017 at Police Station Sarwar, District Ajmer alleging therein that the petitioner fabricated the cheque by writing an amount thereupon. Respondent No.1 Satish Kumar Gaur denied issuance of cheque and made a grievance that the cheque has been misused.
(3.) Ms. Shikha Parnami appearing for the petitioner has canvassed following arguments before this court:- (a). Since the petitioner has filed complaint under Section 138, N.I. Act, prior in time, therefore, necessarily FIR lodged by the petitioner is to be quashed. (b). Learned counsel further urged that this court has to assume and hold that the FIR lodged by respondent No.1 is a counterblast to the complaint filed by the petitioner under Section 138, N.I. Act.;