UMMOLIPARAMBIL RAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is second accused in Crime No.242 of 2008 of Kasaba Police Station, Kozhikode and C.C.No.400 of 2009 of the Court of learned Chief Judicial Magistrate, Kozhikode for offences punishable under Secs.406, 420, 465, 467 and 471 r/w Sec.34 of the Indian Penal Code (for short, "the IPC"). PETITIONER request to quash proceeding against him on the ground that there is no offence made against him even as per the averment in the complaint and the materials produced by the investigating officer. I have heard learned counsel for petitioner and the learned Public Prosecutor.

(2.) THE case arises from a cheque allegedly issued by the first accused in favour of the second respondent for alleged discharge of a debt. On dishonour of that cheque, second respondent filed S.T.No.1909 of 2006 before the learned Magistrate, Kozhikode against the third respondent/first accused for offence punishable under Sec.138 of the Negotiable Instruments Act and in the course of trial, on second respondent learning that third respondent had cheated him by issuing cheque on an account maintained by the petitioner, that case was withdrawn. Second respondent filed a private complaint before the learned Magistrate which was forwarded to the police for investigation. That resulted in registration of Crime No.242 of 2008. In that complaint petitioner was arrayed as second accused and the police after investigation submitted final report against petitioner and the third respondent. It is contended that the allegations are not sufficient to implicate petitioner for offence punishable under Sec.420 of the IPC.