Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 44, 249 & 249-A---Penal Code (XLV of 1860), Ss.489-A & 489-F---Quashing of order---Application for----Accused who was granted bail filed application under Ss.249 & 249-A, Cr.P.C. before Judicial Magistrate seeking therein his acquittal on the ground that the dispute seemed to be one of civil nature and that criminal case had not been registered by an authorized person---Trial Court did not concede the arguments advanced by the counsel for accused and rejected same---Accused had filed application for quashing of order whereby application filed by accused under Ss.249-A/249, Cr.P.C. was rejected by the Judicial Magistrate---Counsel for accused relied upon S.44, Cr.P.C. to contend that the complainant being not beneficiary of the cheque in question, F.I.R. lodged by him was against the provisions of S.44, Cr.P.C,---No doubt S.44, Cr.P.C. included S.489-A, P.P.C. to take cognizance by the nearest Magistrate or police officer, but section 489-A P.F.C. which was substituted in P.P.C. and S.489-F, P.P.C. had been inserted by Ordinance LXXV of 2002 on 25-10-2002; section 489-F, P.P.C., having become part and parcel of 5.489, P.P.C., same could not be said to have been excluded from S.44, Cr.P.C.---Complainant, who was manager of the company concerned, could not be said to be not competent person to lodge F.I.R.---By virtue of S.489-F, P.P.C., an intentional issuance of bogus cheque had been declared as criminal offence and even otherwise if the party against whom any action had been taken and said party had both civil and criminal remedies available to him, he could resort to both the proceedings simultaneously against accused and it could not be said that accused could not be prosecuted in criminal action where the subject-matter wholly or partly was of civil nature---Nature of the proceedings in criminal administration of justice was to punish the wrong doer, whereas the remedy provided in civil proceedings was to recover the amount from accused---Trial Court had rightly observed that since the evidence of the material witness was yet to be led by the complainant party and accused would have ample…

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