PRABHAKARAN Vs. JEENA

JUDGEMENT

(1.) The petitioner is the accused in S.T. Nos.894, 895, 896, 897, 898, 899, 900 and 901 of 2021 pending on the files of the Special Judicial Magistrate of First Class (NI Act Cases), Kozhikode. The cases originated from complaints filed by the 1st respondents alleging commission of the offence punishable under Sec. 138 of the Negotiable Instruments Act ("the N.I.Act" for short) by the petitioner. Briefly stated, the allegations are to the following effect;

(2.) On receipt of summons, the petitioner entered appearance and thereafter filed petitions under Ss. 204 and 461 of the Code of Criminal Procedure with the prayer to drop the proceedings, since the averments in the complaints did not disclose the offence under Sec. 138 of the N.I.Act. The learned Magistrate found that the petition for dropping the proceedings is not maintainable, since cognisance is taken based on private complaints. Having thus found the petition to be not maintainable, the Magistrate proceeded to consider and dismiss them on merits. Aggrieved, the Crl.M.Cs are filed.

(3.) Heard Adv.Veena Hari for the petitioner, Senior Advocate Lakshminarayanan and Adv.Sharan Shahier for the 1st respondents. Adv.P.Gopal, the learned Amicus Curiae also made detailed submissions.