PARVATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The order passed by the learned Magistrate referring the private complaint filed by respondent No.2 to the police for investigation under Sec. 156 (3) of Cr.P.C. and subsequent registration of FIR is questioned in this petition, on the ground that the dictum of the Hon'ble Apex Court, in the case of Priyanka Srivastava and another vs. State of Uttar Pradesh and others, reported in (2015) 6 SCC 287, has not been followed.

(2.) In the complaint it is alleged that two cheques which were issued by the complainant towards security, were misused by the petitioners by filing a false case against them alleging offence punishable under Sec. 138 of N.I. Act etc., The complaint alleging offences punishable under Ss. 420, 504 and 506 read with Sec. 34 of IPC, was referred to police for investigation under Sec. 156 (3) of Cr.P.C. by the learned Magistrate vide order dtd. 9/3/2023, consequent to which FIR in Crime No.268/2023 was registered at Shahapur Police Station.

(3.) The Hon'ble Apex Court in the above referred decision at Paras No.29 to 31 has held as under:-