B JAYAN BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Against the petitioners a private complaint was filed by the respondent/complainant. The crux of the allegations is that the petitioners made false representations before the complainant and induced him to accept a post dated cheque. They had no serious intention to honour the cheque. They had with fraudulent intention induced the complainant to receive the cheque. Before the date fixed for presentation of the cheque, the account was closed by the petitioners with fraudulent and objectionable motives. On 20/3/2005 when the cheque was presented, it was returned dishonoured on the ground that the account is closed. The private complaint filed by the complainant was referred by the learned Magistrate to the police. The police have registered a crime. Investigation is in progress. The petitioners have now come before this Court with the prayer that the powers under Sec.482 of the Cr.P.C. may be invoked and the F.I.R. registered and the investigation which has commenced may be quashed.

(2.) The learned counsel for the petitioners submits that there was no fraudulent intention at all when the cheque was handed over. After handing over of the cheque, the petitioners were compelled to close the account on account of reasons beyond their control. In these circumstances, there is no element of culpability and no ingredient of the offence of cheating is revealed, it is contended. The petitioners may be saved of the trauma of vexatious criminal proceedings against them, it is prayed.

(3.) The respondent/the de facto complainant opposes the application. The learned counsel submits that the sequence of events would clearly suggest that the petitioners, who closed the account without even intimating the complainant after the date of the cheque, were acting with fraudulent and culpable intention.