RAMAKRISHNAN K G Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the second accused in a prosecution initiated against four accused persons for offences punishable under Sections 465, 467, 468, 420, 406 read with 120B I.P.C. The petitioner has initiated a prosecution under Section 138 of the Negotiable Instruments Act against the defacto complainant. After the initiation of the said prosecution, the defacto complainant/the accused in the 138 prosecution has filed a complaint before the learned Magistrate which is referred to the police under Section 156(3) Cr.P.C. A crime was registered on the basis of such complaint. After investigation, the police have filed a final report and cognizance has been taken on the basis of that final report. The petitioner has already appeared before the learned Magistrate, it is submitted. Charges have not been framed, it is further submitted.

(2.) The petitioner has now come to this court with the prayer that powers under Section 482 Cr.P.C may be invoked to quash the proceedings and thus prematurely terminate the proceedings against the petitioners. The proceedings are not bonafide. There has been no proper investigation. This prosecution is only a counter blast against the petitioner for having initiated the prosecution under Section 138 of the Negotiable Instruments Act, it is submitted.

(3.) The learned counsel for the petitioner, after discussions at the bar, only prays that the petitioner may be given the right to raise his claim for discharge/acquittal at the appropriate stage before the learned Magistrate.