KARNATAKA SOAPS AND DETERGENTS LTD Vs. PUNATHIL NAVAS

JUDGEMENT

(1.) The petitioners are accused in a prosecution launched against them by the respondent/complaint. The respondent/complainant had business transactions with the 1st petitioner/accused company. The 1st petitioner/accused company has initiated steps for prosecution of the respondent under Section 138 of the N.I Act before the court at Chennai. Thereafter the 1st respondent has filed the present complaint making allegations against the petitioners herein, inter alia, under Section 406, 420 & 471 I.P.C. The crux of the allegations raised by the respondent/complainant in the complaint is that the 1st petitioner company and its officials had induced the petitioners to hand over a blank signed cheque as security when they entered into the business transaction. It is the case of the respondent/complainant that such cheque was given and received on the specific understanding and in good faith that it will not be misused and it shall be kept only as security. Fanciful entries have been made in such cheque and the same has been misutilised to vex and harass the respondent/complainant by initiating prosecution before the court at Chennai.

(2.) The learned Magistrate after following the procedure prescribed under the Code of Criminal Procedure, has taken cognizance of the offences alleged against the petitioners and the case is now pending before the Court at Kannur, where the transaction was allegedly entered into and blank signed cheque was handed over. One of the accused/petitioners has entered appearance before the learned Magistrate. The others have not entered appearance so far. The petitioners have now come before this Court with a prayer that the powers under Section 482 Cr.P.C may be invoked in their favour to quash the complaint.

(3.) The learned counsel for the petitioners submits that the complaint is liable to be quashed by invoking the powers under Section 482 Cr.P.C for the first reason that the complaint is totally false and for the second reason that the complaint is lodged with the transparent intention of vexing and harassing the petitioners. For these reasons, it is prayed that the complaint may be quashed.