JAIMOL JISAM Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed u/s.482 Cr.P.C. to quash Annexure IV complaint and Annexure V FIR in Crime No.177/2011 of Vaikom Police Station pending before the Judicial First Class Magistrate Court, Vaikkom by invoking inherent jurisdiction. Petitioner is the accused in the above crime which is registered for offence punishable under Section 420 IPC, which was filed by 2nd respondent in the Judicial First Class Magistrate Court, Vaikkom. Petitioner contended that by using the same cheque an earlier case was filed by the complainant u/s. 138 of the Negotiable Instruments Act, before Judicial First Class Magistrate, Cherthala in which he was acquitted. After the acquittal, 2nd respondent preferred the present complaint for offence punishable under Section 420 IPC before the Judicial First Class Magistrate Court, Vaikkom and the complaint was forwarded to Vaikkom Police Station for investigation u/s. 156 (3) Cr.P.C. Therefore a second case by using the same cheque for offence u/s.420 IPC is a mere abuse of the process of court which is barred u/s.300 Code of Criminal Procedure.

(2.) The allegation of 2nd respondent in Annexure IV was that petitioner borrowed a sum of Rs.7,00,000/- from the 2nd respondent on 17.9.2008 and in discharge of that debt, he issued a cheque drawn on Lord Krishna Bank, Mattanchery Branch. When the cheque was presented for encashment, it was dishonoured for insufficiency of funds. A statutory notice was issued and after receipt of that notice there was no repayment. Hence petitioner cheated the 2nd respondent and committed the offence. In the circumstance, he filed Annexure IV complaint before the Judicial First Class Magistrate Court, Vaikkom. Hence, petitioner approached this court with this petition.

(3.) Before adverting to the facts in this case I may refer S.300 of the Code of Criminal Procedure Code which reads as follows: