(1.) Leave granted.
(2.) On February, 12, 1990 the appellant filed a complaint against the respondent No. 1 ('respondent' for short) in the Court of the Chief Judicial Magistrate, Ernakulam alleging commission of an offence under Section 138 of the Negotiable Instruments Act ('Act' for short). The sum and substance of the various allegations made in the complaint are as follows: On final settlement of accounts of the various commercial transactions that took place between the appellant and the respondent, an amount of Rs. 3,00,000/- was found due to the former from the latter. In payment thereof the respondent issued a cheque in favour of the appellant which on presentation was dishonoured. The appellant then sent a notice to the respondent demanding the amount but it came back unserved with an endorsement that he was absent. Thereafter another similar notice was sent to and served upon the respondent but he did not pay the amount.
(3.) While the case arising out of the appellant's complaint, (which was registered as case No. C.C. 167 of 1990), was awaiting disposal the respondent, in his turn, filed a complaint against the appellant before the same Magistrate, for alleged commission of offences under Sections 380, 465, 467, 468 and 471, I.P.C. The allegations in his complaint were that in the year 1985 when he went abroad he entrusted three blank cheques of the State Bank of India, Shenmugnam Road Branch, Ernakulam, duly signed by him to his wife to meet the family expenses. The appellant, who had access to the house of the respondent, dishonestly and stealthily removed one of those cheques from his house and utilised it to institute a false case against him by inserting his (the appellant's) name as the payee and the sum of Rs. 3,00,000/- as the amount to be paid thereunder.