P&H - Forgery of signatures on documents used in pending dishonour of cheque case - Treating application u/s.156(3) is proper

punjab-haryana
⚖️ Order Date: 04 May 2026
Headnotes

Criminal Procedure Code, 1973, Section 156(3) — Magistrate’s power to order investigation — Application under Section 156(3) as a complaint is a matter of judicial discretion guided by the interest of justice - Investigation cannot be mechanically directed without examining acutal requirment of investigation by...

Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 (Section 156 Cr.P.C.) — Scheme and options — Upon receiving complaint, Magistrate may (i) he may accept the report and drop the proceedings or (ii) he may disagree with the report and taking the view that there is...

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3) — Dishonour of Cheque — Alleged forgery of signatures on documents used in pending Section 138 complaint — As allegations are already subject matter of pending NI Act proceedings, it is not appropriate...


Facts of the Case

P&H - Forgery of signatures on documents used in pending dishonour of cheque case - Treating application u/s.156(3) is proper

The Punjab and Haryana High Court has dismissed challenging orders that declined to direct registration of an FIR on application under Section 156(3) CrPC (now Section 175 BNSS) and instead treated it as complaint.

The petitioner alleged that officials of HDFC Bank forged her signatures on documents relied on in a pending cheque dishonour case under Section 138 of the Negotiable Instruments Act against her, her husband and their company. Arguing that the original documents were with the bank and that she had no means to collect evidence, she sought a direction to police to register an FIR for offences...

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