JOSEPH DECRUZ Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner seeks a relief under Sec.482 of the Cr.P.C. He seeks to quash the charge-sheet laid against him.

(2.) The case is pending as CC 80/2013 before the Judicial Magistrate-V, First Class, Thiruvananthapuram. There are three accused persons in that case. Petitioner is the second accused. The first accused is the person who at the relevant time was the manager of the South Indian Bank at its branch at Meluliyazthura. The third accused is the husband of the second respondent herein. The latter filed a complaint before the Chief Judicial Magistrate, Thiruvananthapuram complaining cheating.

(3.) The second respondent in her complaint alleged as follows: An account was opened in her name without her knowledge at the Meluliyazthura branch of the South Indian Bank. Her signature was forged by her husband to open the account. He forged her signature on a cheque too. That cheque was presented for collection by the petitioner as if to him was due Rs.5,00,000/- from the second respondent. A false complaint was filed by him against her alleging commission of an offence under Sec.138 of the Negotiable Instruments Act ('N.I Act' for short). Opening of the account, forging of the signature of the second respondent and filing of the complaint under Sec.138 of the N.I Act were the result of a conspiracy involving the accused persons.