ANIT JOSEPH Vs. N RAMACHANDRAN

JUDGEMENT

(1.) The petitioner - a woman and an Advocate, faced indictment in a prosecution under Sec.138 of the N.I. Act. When the case came up for hearing on 17/4/06, the complainant allegedly sought permission under Sec.257 of the Cr.P.C. to withdraw the prosecution and the said prayer was allowed by the court as per Annexure-A order.

(2.) The complainant later filed Annexure-B application dated 23/5/06. In that, he complained that he was not a party to the application for withdrawal at all. With his knowledge and consent, no such application had been filed at all. According to him, on 17/4/06 at about 10 a.m. four persons had gone to his office and had compelled him under threat and duress to subscribe the signature to certain papers. According to him, such papers which were got signed from him were used fraudulently to facilitate Annexure-A order. He had not intended to withdraw the complaint; nor had he filed any such application for withdrawal. According to him, his counsel had not appeared before the learned Magistrate on that day and the application for withdrawal was not presented by his counsel. On receipt of Annexure-B petition, the learned Magistrate has issued notice to the petitioner. She entered appearance before the learned Magistrate and filed Annexure-C counter statement. The learned Magistrate is seized of the matter. The petitioner has rushed to this Court to quash the entire proceedings initiated after Annexure-A order was passed.

(3.) The learned counsel for the petitioner submits that Annexure-A order having been passed, it can be challenged only in an appeal against acquittal in accordance with law. The learned Magistrate has become functus officio and he has no jurisdiction to deal with the matter after Annexure-A order was passed. In these circumstances, all proceedings initiated on the basis of Annexure-B, after disposal of the case under Annexure-A order, may be quashed invoking the powers under Sec.482 of the Cr.P.C. This, in short, is the prayer of the learned counsel for the petitioner.