K.M. SEBASTINE Vs. C.N. CHANDRIKA

JUDGEMENT

(1.) PETITIONERS are the accused in a pending case numbered as C.C No. 318 of 2007 on the file of Judicial First Class Magistrate - I, Kannur. The aforesaid case arose from a complaint filed by the first respondent imputing offence under Section 420 of Indian Penal Code. Learned magistrate recording the sworn testimony of the complainant took cognizance of the offence and issued process to the petitioners/accused. The above petition has been filed to quash the criminal proceedings against them contending that the allegations set out in the complaint do not constitute any offence, leave alone the offence of cheating under Section 420 of Indian Penal Code. Learned counsel for the petitioner further urged that even on the statements made in the petition complaint was filed over a transaction after a considerable period of time, ie, nearly four years. That transaction was only a business transaction and there was no element of cheating, is the further submission of the counsel. Though notice was served to the complainant, after service she has elected to remain absent. Looking into the complaint and also taking note of the submissions made, I find, petitioner can definitely canvass whatever grounds available to her to seek a discharge before the magistrate if the complaint does not make out any offence. Exercise of inherent powers of this court that too with reference to the allegations made in the complaint, for quashing the criminal proceedings is not called for. Reserving the right of the petitioners to set forth a plea of discharge in absentia provided that stage of the case is not over, moving an appropriate application before the magistrate, the petition is disposed with direction that any such application has to be moved within a period of four weeks from today and, if so moved, it has to be disposed of by the magistrate within next four weeks. Subject to the decision thereof, the magistrate shall proceed with the case.

(2.) PETITION is disposed of.