SANTHOSH P K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in a prosecution under Section 138 of the Negotiable Instruments Act. The prosecution is in relation to a cheque allegedly issued by the petitioner for the discharge of a liability in respect of the outstanding instalments in a hire purchase transaction. The said cheque was presented and dishonoured on 28/01/2003. The prosecution is in progress. Long later, on 20/11/2003 because of the outstanding liability which had accrued thereafter also, the seizure of the vehicle has been effected. The vehicle allegedly has been sold and proceeds adjusted to the liability of the petitioner.

(2.) The petitioner has come to this court with the prayer that the directions under Section 482 Cr.P.C may be issued to quash the proceedings against him. What is the reason? According to the petitioner since the vehicle itself having been seized by the complainant, continuing the prosecution amounts to failure/miscarriage of justice. This must persuade the court to invoke the powers under Section 482 Cr.P.C, it is prayed.

(3.) I am unable to agree, even the subsequent discharge of the liability of the amount due under the cheque will not absolve the culpable liability of the accused. It may weigh with the court in deciding the nature of punishment. But, at any rate, subsequent payment after commencement of the prosecution cannot ipso facto absolve the indictee of the liability to face trial. The prayer for quashing of the proceedings is thus found to be without any merit. The challenge must hence fail.