K KRISHNAN Vs. V K KRISHNA MOHAN

JUDGEMENT

(1.) THE petitioner who is the second accused in C. C. No. 481 of 1998 on the file of the Judicial First Class Magistrate's Court, Alathur seeks to quash Annexure A2 complaint and all proceedings consequent to the filing of the said complaint filed against him by the respondent herein.

(2.) THE offences alleged against him and the absconding co-accused as per the complaint Annexure-A2 are under Section 420 IPC and Section 138 of the Negotiable Instruments Act. The first accused is none other than the wife of the petitioner who filed M. O. P. 54 of 1998 before the Sub Court. Pala to declare the marriage as null and void or to grant a decree of divorce. The marriage between the first accused and the petitioner lasted only for two years.

(3.) THE case of the complainant is that the first accused is the wife of the second accused and both of them approached the complainant in December 1997 and requested for a financial assistance to meet the wedding expenses of their daughter which was to take place in the following month. Since the accused were introduced to the complainant by a common friend, the complainant agreed to extend financial assistance sought for by the accused and lent an amount of Rs. 90,000/ -. Towards the said liability the first accused drew a cheque dated 26. 12. 1997 for Rs. 90,000/- on the Federal Bank, Mathur Branch in favour of the complainant. This was drawn from the joint account of the first accused and the petitioner.