PRAJITHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner, who is the accused in CC No. 314/2007 on the file of the Chief Judicial Magistrate Court, Kasaragod to quash the proceedings under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.'). It is alleged in the petition that on the basis of Annexure 4 complaint filed by the second respondent, Kasaragod Police has registered Annexure 1 First Information Report as Crime No. 845/2006 against the petitioner under Section 408 and 420 of Indian Penal Code and thereafter, after investigation they filed in Annexure 6 final report on the basis of which the Chief Judicial Magistrate has taken cognizance of the case CC No. 314/07 against the petitioner and Annexure 5 summons was issued to him. It is also alleged in the petition that earlier the second respondent issued Annexure 2 notice under Section 138 of Negotiable Instrument Act (hereinafter referred to as "the Act") calling upon the petitioner to pay the amount of Rs. 7,00,000/- and Annexure 3 reply was sent and on the basis of Annexure 2 notice, a complaint under Section 138 of the Act was also filed. In that notice, there is nothing mentioned about the commission of offence now alleged. Further, the allegations are not sufficient to attract either the offence under Section 408 and 420 of Indian Penal Code as well. So, the proceedings in CC No. 314/07 on the file of the Chief Judicial Magistrate, Kasaragod, is liable to be quashed. Hence the petition.

(2.) Heard the counsel for the petitioner and second respondent and the learned Public Prosecutor.

(3.) Counsel for the petitioner submitted that two complaints on the basis of the same transaction is not maintainable and that will amount to double jeopardy under Section 300(1) of the Code and Article 20(2) of the Constitution of India. So, according to him the proceedings in CC No. 314/07 on the file of the Chief Judicial Magistrate, Kasaragod is liable to be quashed.