RENJITH Vs. SUNIL KUMAR T. AND ORS.

JUDGEMENT

(1.) This is an application filed by the third accused in C.C. No. 86/2008 of Judicial First Class Magistrate Court, Kunnamangalam in Crime No. 76/2005 of Kunnamangalam police station and sole accused in L.P. No. 1/2009 to quash the proceedings as against him on the ground of acquittal of other accused persons under Section 482 of Code of Criminal Procedure.

(2.) It is alleged in the petition that petitioner has been arrayed as third accused in Crime No. 76/2005 of Kunnamangalam police station which was registered on the basis of a private complaint filed by first respondent against three persons including the petitioner alleging offences under Sections 468, 420 and 120B read with Section 34 of Indian Penal Code which was forwarded to the police for investigation by the Judicial First Class Magistrate, Kunnamangalam under Section 156(3) of Code of Criminal Procedure. The allegation in the complaint was that the accused conspired together with an intention to cheat the de facto complainant and the petitioner, who is the third accused in this case, handed over his cheque to the second accused who in turn handed over the same to the first accused and first accused put his signature in the cheque as though it was the cheque drawn from his account and handed over the same to the de facto complainant which, when presented was dishonoured for the reasons "signature and name differs" and thereby, all of them have committed for the offence punishable under Sections 468, 420, 120B read with Section 34 of Indian Penal Code. After investigation, final report was filed and it was taken on file as C.C. No. 697/2005 on the file of the Judicial First Class Magistrate Court, Kunnamangalam. Since the present petitioner could not appear, the case against him was split up and the case was proceeded against accused Nos. 1 and 2 and since the matter has been settled between the parties and the complainant did not support the case of the prosecution by Annexure A2 Judgment, accused Nos. 1 and 2 were acquitted under Section 248(1) of Code of Criminal Procedure and the case against the present petitioner was split up and refiled as C.C. No. 86/2008 and since he did not appear, the case was transferred to register of long pending cases as L.P. No. 01/2009. Later, as directed by this court, he appeared before the court below and it was refiled as C.C. No. 267/2015 and he was enlarged on bail. Since the matter has been settled between the parties and case against the main accused persons ended in acquittal, there is no scope for any conviction of the present petitioner and proceeding with the case against the petitioner will only amount to abuse of process of court. The substratum of the prosecution case has been shattered on account of the acquittal of other accused persons. So, the petitioner has no other remedy except to approach this court seeking the following relief:

(3.) Heard the Counsel for the petitioner Smt. Shajna Firoz representing the Counsel for the petitioner Shri. Firoz K.M. and Public Prosecutor Smt. V.H. Jasmine appearing for the second respondent. In spite of notice issued, first respondent did not enter appearance.