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Judgment
6 paragraphs · 326 wordsMandeep Pannu, J
The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Section 482 Cr.P.C.) seeking issuance of necessary directions to the respondent-police authorities to register an FIR against the private respondents, namely "New Horizon Visa Company", Mohali and its associates, for offences relating to cheating, forgery, criminal conspiracy, criminal breach of trust and criminal intimidation on the allegations that the petitioners were induced on the assurance of providing work visas, employment opportunities and permanent immigration abroad and an amount of Rs.8,70,000/- was allegedly obtained from them fraudulently.
It is contended by learned counsel for the petitioners that in the present case, the cheque issued by the respondents has already been dishonoured. It is further submitted that the petitioners have already approached the police authorities by moving a complaint seeking action against the respondents, who are the operators/directors/owners of the immigration consultancy company namely "New Horizon Visa Company", however, no action has been taken by the police authorities on the said complaint till date.
On the other hand, learned State counsel has submitted that the present matter essentially pertains to dishonour of cheque regarding which the complainant/petitioner has already availed the remedy by filing complaint proceedings under Section 138 of the Negotiable Instruments Act. It is thus submitted that no further action is required to be taken on the complaint as the petitioner has already invoked the appropriate legal remedy available under law.
The petitioner has already availed the statutory remedy available to him by initiating proceedings under Section 138 of the Negotiable Instruments Act regarding dishonour of cheque. Since the matter is already sub judice before the competent Court and the grievance of the petitioner is being adjudicated therein, no further directions are required to be issued by this Court in the present petition. The same stands disposed of as having become infructuous.
All pending applications, if any, also stand disposed of.