Criminal Misc. No. M-42475 of 2007 (O&M) 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-42475 of 2007 (O&M) Date of Decision: 3.2.2009 Gian Singh and Others …Petitioners Versus State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Ms. Jatinder Jit Kaur, Advocate for the petitioners. Mr. Anter Singh Brar, Deputy Advocate General, Punjab, for respondent No.1. Mr. R.K. Arya, Advocate for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) Criminal Misc. 3425 of 2009 Criminal Misc. Application is allowed. Documents (Annexure P4 to Annexure P12) are taken on record. Criminal Misc. No. M-42475 of 2007 The present petition has been preferred under Section 482 Cr.P.C. seeking quashing of case FIR No. 128 dated 29.8.2006 registered at Police Station Division No.1, Jalandhar, under Sections 420, 465, 467, 471 & 120-B IPC (Annexure P1). Criminal Misc. No. M-42475 of 2007 (O&M) 2 Petitioner has filed a complaint under Section 138 of Negotiable Instruments Act. As a defence to the same, it is alleged that the complainant had got registered case FIR No. 128 dated 29.8.2006 registered at Police Station Division No.1, Jalandhar, under Sections 420, 465, 467, 471 & 120-B IPC, regarding same cheque. Whether the version taken in the complaint under Section 138 of Negotiable Instruments Act instituted by the petitioner or version taken by the complainant in FIR is true, is a subject matter of evidence. The present FIR may be defence to the accused in a complaint under Section 138 of the Negotiable Instruments Act or otherwise. Counsel for the petitioner submits that enquiry has been conducted by the Deputy Superintendent of Police, Women Cell Crime, Punjab, Chandigarh. The enquiry report has been annexed with the present petition as Annexure P4. In the enquiry report, Deputy Superintendent of Police has recommended that the Senior Superintendent of Police, Jalandhar, should be directed to obtain comparison report from the Forensic Science Laboratory, Punjab, Chandigarh, to conclude investigation in all the six cases. It has been further submitted that documentary evidence is necessary for appreciation of evidence by the Court. Appreciation of evidence can only be done by the trial Court. The Senior Superintendent of Police, Jalandhar, may finalize his report within three months from the receipt of certified copy of this order. Disputed questions of fact cannot be entertained in a petition under Section 482 Cr.P.C. As to which version is correct require appreciation of evidence. Therefore, no ground is made out to exercise Criminal Misc. No. M-42475 of 2007 (O&M) 3 jurisdiction under Section 482 Cr.P.C. With the observations made above, the present petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 3, 2009 “DK”