BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Questions urged for a decision are:

(2.) A resume of facts is necessary for decision of the question. The 2nd respondent filed a complaint before learned Judicial First Class Magistrate-II, Aluva alleging that petitioner committed offence under Section 138 of the Negotiable Instruments Act. Learned Magistrate issued summons to the petitioner. He appeared through counsel but thereafter there was no appearance. Learned Magistrate initiated steps under Secs.82 and 83 of Code on 04-06-2003. The property (allegedly) belonging to the petitioner was attached by 05-06-2004 and on 05-07-2004 learned Magistrate received report of the Village officer to that effect. The case was included in the long pending register since in spite of coercive steps taken, presence of petitioner could not be procured. Later the dispute was settled between petitioner and the 2nd respondent. The case was refiled as CC No.35 of 2011 and by Annexure-II, order dated 03-06- 2011, learned Magistrate permitted the 2nd respondent to withdraw the complaint under Sec.257 of the Code. That resulted in the acquittal of petitioner.

(3.) Petitioner has filed this proceeding under Sec.482 of the Code requesting to quash the order dated 04-06-2003 issuing steps against him under Secs.82 and 83 of the Code and the order of attachment passed by the learned Magistrate in respect of the right, title and interest of petitioner in the property attached.