P. RAJAGOPALAN Vs. P.C. JOSE AND ORS.

JUDGEMENT

(1.) The accused Nos. 4 to 6 in S.T. No. 1099/2012 on the files of the Judicial First Class Magistrate Court - I, Cherthala have filed these petitions praying that powers under S.482 of the Code be invoked for bringing the criminal proceedings to a premature termination.

(2.) The essence of the contention raised by the learned counsel appearing for the petitioners is that in so far as the petitioners are concerned, the prosecution initiated by the 1st respondent against the petitioners under S. 138 of the Negotiable Instruments Act, 1881 (NI Act for brevity) is nothing but an abuse of process of court.

(3.) For appreciating the rival contentions it would be apposite to briefly note the averments in the complaint: - -