P.P.MUHAMMAD KUNJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition filed under Section 482 Cr.P.C.

(2.) Petitioners are the accused in Crime No. 636 of 2015 of Thaliparamba Police Station registered for the offences under Sections 420, 465, 467 and 471 of the Indian Penal Code. They are father and son. The prosecution case is that on 14.12.2005, the first petitioner bought from the third respondent's jewellery shop certain gold ornaments. In discharge of the liability he issued a cheque for Rs.52,480/-. The second petitioner handed over the cheque to the first petitioner who signed it at the third respondent's shop. When it was presented, it was returned dishonoured. The third respondent filed ST No. 705 of 2006 in the Judicial First Class Magistrate Court, Thaliparamba under Section 138 of the Negotiable Instruments Act. In the course of the trial it was revealed that the cheque was drawn on the account maintained by the second petitioner. So, the first petitioner was acquitted. Thereafter, the third respondent filed Annexure A4 complaint, which was forwarded by the magistrate to the SHO, who registered this case. The proceedings are sought to be quashed on the ground that the allegations are false and there are no bona fides in the complaint.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.