UMMERKUTTY KUNHIMOIDEENKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the complainant in three prosecutions under Section 138 of the N.I Act. It is his grievance that after the launching of the said prosecution, a false private complaint has been filed by the respondent herein against the common complainant in the three prosecutions under Section 138 of the N.I Act, alleging commission of offences punishable, inter alia, under Sections 379 & 468 I.P.C. The crux of the allegations raised against the petitioner is that he had committed theft of the cheque leaves, forged those cheque leaves and used them as genuine. Investigation was in progress. The petitioner came to this Court with this prayer to quash the F.I.R registered against him. The interim stay was granted as per order dt.8.11.06 and the matter has now come up for hearing.

(2.) At the stage of hearing, the learned counsel for the petitioner submits that proceedings are initiated with vexatious intent. He fairly concedes that the provisions of Section 195 Cr.P.C cannot now apply in the light of the decision of the Supreme Court in Iqbal Singh Marwah v. Meenakshi Marwah [A.I.R 2005 Supreme Court 2119]. The learned counsel for the petitioner only prays that invoking the powers under Section 482 Cr.P.C considering the exceptional nature of the facts and circumstances of this case appropriate directions may be issued in the interests of justice to save the petitioner from the trauma of unnecessary and undeserved arrest and detention.

(3.) Having considered all the relevant inputs, I am satisfied that the prayer for quashing the F.I.R deserves to be dismissed, but at the same time appropriate directions can be issued under Section 438 Cr.P.C to ensure that the petitioner is not unnecessarily vexed and harassed.