A PADMANABHA PANICKER Vs. K J TONY

JUDGEMENT

(1.) PETITIONER is the sole accused in C. C. No. 78 of 1990 pending before the Judicial First Class Magistrate, Vaikkom. That case was instituted on a private complaint filed by the first respondent, for an offence punishable under Section 138 of the Negotiable Instruments Act. This petition was filed under Section 482 of the Code of Criminal Procedure. Prayer is that the complaint may be quashed as an abuse of the process of court.

(2.) THERE is no dispute regarding the fact that cheque was issued and that it was dishonoured on presentation and the requisite notice was issued, but payment was not made. First respondent subsequently filed a civil suit and obtained a decree against the petitioner for realisation of the amount. Execution was taken out and attachment of properties was obtained. At that time, petitioner remitted the amount in the treasury. Only ground on which the payment petition was filed is that the civil liability has been discharged.