NIAMATHULLA P A Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is an accused in ST No. 91/2009, on the files of Judicial First Class Magistrate's Court-Ill, Aluva. Originally, it was pending as ST No. 1897/2005 before the Judicial First Class Magistrate's Court-I, Aluva. THE offence alleged against the petitioner is one under Section 138 of the Negotiable Instruments Act. According to the petitioner, the 5th respondent is a private financier, who obtained a blank cheque from him. THE said blank cheque leaf has been used to create a cheque for Rs.One lakh. On the dishonour of the cheque, the present complaint has been filed, it is submitted. THE petitioner, who appeared in person, points out that similar illegal actions are resorted to by all private financiers. THE prevention of the same is a matter to be looked into by this Court. So, he has filed this Writ Petition, seeking the following reliefs:

(2.) GOING by Ext. P1 complaint, if all the averments therein are taken to be true, it cannot be said that the same does not, prima facie, disclose any offence. So, we are not justified in quashing Ext. P1 complaint. Prayer Nos. 2 to 5 cover certain general directions against the official respondents and also the Criminal Courts concerned. To be specific, prayers 2 and 3 are sought against the Criminal Courts functioning in the State of Kerala. The 4th prayer is against the 1st respondent Union of India and the 5th prayer is against the 3rd respondent State of Kerala. GOING by prayers 2 and 3, we feel that no such directions could be issued concerning the exercise of judicial functions by Criminal Courts. If, in a particular case, any error is committed by the Court concerned, the aggrieved person has to take up the matter before the appropriate forum. As far as the 3rd prayer is concerned, if non-banking financial institutions are committing any illegality, the matter can be brought to the notice of the authority, which is authorised to take action against such alleged illegality. Only after making such motions before the competent authorities, a person aggrieved can come before this Court, raising the said prayer. The 5th prayer is for a direction to the State Government to ensure that the police officers under it take proper action against illegal money lending, using cheques. If such actions are cognizable offences, the petitioner can bring them to the notice of the concerned Station House Officer. Otherwise, he can directly move the Criminal Court concerned, by filing a private complaint. We feel that no omnibus direction could be issued from this Court against the State in this regard.