SUMATHY S MENON Vs. RAJENDRAN T K

JUDGEMENT

(1.) Petitioner is the second accused in Calendar Case No. 3703 of 2009 on the file of Judicial First Class Magistrate (JFCM), Irinjalakuda taken cognizance for the offences under S.417 and S.420 read with S.34 of Indian Penal Code on Annexure - A5 final report in Crime No. 83/2005 of Irinjalakuda Police Station. The first respondent filed Annexure - A1 complaint before the learned Magistrate against the first accused alleging that he was cheated by issuing a cheque in the account of his mother and when it was presented for encashment, it was dishonoured on the ground that signature differs and first accused thereby committed an offence under S.420 of Indian Penal Code. It was sent for investigation under S.156(3) of Code of Criminal Procedure, 1973, based on which the crime was registered. After investigation, Annexure - A5 final report was filed implicating the mother as second accused. Petition is filed under S.482 of Code of Criminal Procedure, to quash the proceedings against the petitioner contending that ingredients of the offences as against the petitioner is not attracted.

(2.) Though notice was served on the first respondent the de facto complainant, he did not appear.

(3.) Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.