M.P. RAMANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein who was arrayed as Respondent No.2 in Crl.M.C. No.1792 of 2019 (D) before the High Court of Kerala is before us in this appeal assailing the order dtd. 7/10/2020. By the said order, the High Court has allowed the petition filed by Respondent No.2 herein under Sec. 482 of Cr.P.C and quashed the final report submitted alleging commission of offence under Ss. 420, 465, 468 and 472 IPC by respondent No.2 herein.

(2.) The brief facts leading to the case is that the appellant herein as de facto complainant filed a complaint dtd. 14/1/2014 before the Sub-Inspector, Payyannur Police Station alleging that the cheque bearing No.813/063676 of Canara Bank, Payyannur Branch relating to A/c No.13111/2019 standing in the name of the appellant has been fraudulently obtained by the respondent No.2 herein and on forging the appellant"™s signature has attempted to extract amount from her account. It is specifically alleged that the signature on the cheque is forged and the cheque is drawn for a sum of Rs.3,50,000.00 (Rupees three lakhs and fifty thousand) and was presented through the Federal Bank, Payyannur Branch through the account maintained by respondent No.2. The complaint further alleges that the cheque was allotted to the appellant by the Canara Bank, 30 years back and was not in use for want of new MCRI number. Based on the said complaint, FIR No.66 dtd. 20/1/2014 came to be registered for offence under Ss. 420, 465, 468 and 472 IPC. Pursuant thereto the investigation was conducted and the final report under Sec. 173 Cr.P.C. was filed before the Competent Court. The respondent No.2 herein was accordingly accused of having committed the crime alleged by the appellant.

(3.) The appellant, at that stage filed the petition under Sec. 482 before the High Court seeking that the final report be quashed. The appellant was arrayed as respondent No.2 to the said petition. The High Court by the impugned order dtd. 7/10/2020 has allowed the petition and quashed the proceedings. The brief impugned order reads as hereunder: