Rahul Prakash Awade And Others vs The State Of Maharashtra And Anr on 10 December, 2018
8. The learned counsel for the petitioners submitted that in view of
the circumstances that case is filed for the offence punishable under
Section 138 of the Negotiable Instrument Act, the crime could not have
been registered. It is not disputed that such case came to be filed but
the case was filed subsequent to the registration of the crime. Crime
came to be registered on 10.07.2018, and the private complaint for the
offence punishable under Section 138 of the Negotiable Instrument Act
came to be filed in the month of September 2018. On the point of
tenability of proceeding under the provision of the Indian Penal Code,
when case is also filed for the offence punishable under Section 138 of
the Negotiable Instrument Act, the learned counsel for the first
informant placed reliance on observations made by this Court in
Criminal Writ Petition No. 807 of 2011 decided on 30.10.2018 (Dr.
Govindsingh Fulchand Rajput Vs. Laxminarayan Namdeo Zalwar
and others).