IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.312 of 2010 ASHOK KUMAR JAISWAL & ANR Versus STATE OF BIHAR ----------- 5 2.7.2010 Heard counsel for the petitioners and the State. The petitioners pray for quashing the F.I.R. registered as S.K.Puri P.S. Case No.258 of 2008 instituted under sections 420, 120B, 506 of the Penal Code and section 138 of the Negotiable Instruments Act. The petitioners have raised a point whether in view of the express bar in section 142 of the Negotiable Instruments Act, the police can institute a F.I.R. for offence of dishnoour of cheque punishable under section 138 of the Negotiable Instruments Act. In support of his submission, learned counsel relied upon decisions of the Hon’ble Apex Court in the case of Jeewan Kumar Raut & anr Vs C.B.I., reported in (2009) 7 SCC 526 and in the case of Swaran Singh Vs State, reported in 1991 Cr.L.J.1867. Counsel for the informant has also relied upon a decision of the Hon’ble Apex Court in the case of Central Bank of India & anr Vs Saxons Farms & Ors, reported in (1999)8 SCC 221. It appears that in the instant case cognizance has already been taken and a petition for discharge has been rejected. 2 KHAN In this view of the matter liberty is granted to the petitioners to challenge both the order taking cognizance as well as order rejecting the discharge petition. With the aforesaid liberty, this application stands dismissed. (S.P.Singh,J)