NARAYANA SHARMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Crl. M.C. is directed against the order in C.C. No. 504 of 1996 pending in the Judicial First Class Magistrate's Court, Thiruvananthapuram under S.120B, 405,467, 420 and 341 of the Indian Penal Code.

(2.) THE above case arose out of a private complaint filed by one K.K. Salim, who is conducting a business in the name and style "Bismi Traders". He had borrowed Rs. 4,25,000/ from the petitioner and towards repayment issued a cheque, Annexure A, drawn on S.B.T., Chalai Branch for the said sum. The cheque was presented for encashment, but was dishonoured by the Bank. Notice of dishonour was issued to the said Salim, but was returned with the endorsement "unclaimed". The petitioner then filed a complaint Annexure C under S.138 of the Negotiable Instruments Act.

(3.) WHILE so, on 25 3 1996, K.K.Salim made a complaint alleging that on 10 7 1994 his driver by name Salim had taken away certain records and signed blank cheques kept by him in his business concern, on the allegation that his driver along with the petitioner had forged and cheated him. The Magistrate forwarded the same to the police under S.156(3)of the Code of Criminal Procedure for investigation. An F.I.R. was registered at Poonthura Police Station under S.379, 403, 402, 465, 467, 120B and 34 of the Indian Penal Code. The police after investigation laid the charge sheet. The petitioner seeks an order quashing the said proceedings.