AI Structured Summary
Not yet generated for this judgment
Judgment
Bhagwati Prasad, J.—By the present revision petition, the petitioners have challenged the order of taking cognizance for the offence under Sections 420,506 and 120B, IPC in that matter of dishonour of cheque. The proceedings u/s 138 of the Negotiable Instruments Act have already been initiated against the petitioners. The order taking cognizance for the offence u/s 138 of the Negotiable Instruments Act has not been interfered with by this Court in another revision petition No. 294/1999. The proceedings under Sections 420, 506 and 120B, IPC cannot be said to be simultaneously maintainable with the proceedings u/s 138 of the Negotiable Instruments Act. The issue involved is basically dishonouring of the cheque. In facts and circumstances of the case, when proceedings u/s 138 of the Negotiable Instruments Act are already pending, it would not be in the interest of justice to continue the proceedings for the offence under Sections 420, 506 and 120B of IPC and, therefore, the order taking cognizance is set aside. However, this order will have no bearing on the proceedings u/s 138 of the Negotiable Instruments Act.
The revision petition stands allowed as indicated above.