BALU JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who has preferred this Original Petition is none other than the accused in S.T. No.20/2017, a prosecution pending on the files of the Chief Judicial Magistrate Court, Thiruvananthapuram. The case originally was filed before the Judicial First Class Magistrate Court-II, Pathanamthitta and got transferred to Chief Judicial Magistrate Court, Thiruvananthapuram pursuant to passing of an order by this Court on 05.04.2017 in Tr.P(Crl.) No.8/2017 and at present is pending as S.T. No.20/2017 before the latter court. The true copy is made available for perusal alongwith the petition on hand, as Ext.P1.

(2.) The allegation in Ext.P1 was that a cheque bearing No.544833 dated 13.09.2010 for a sum of Rs.18,00,000/- issued by the petitioner to the 2nd respondent herein to discharge monetary liability to that extent was bounced for the reason 'payment stopped by drawer' when presented before the bank for encashment. Lawyer notice apprising the factum of dishonour of the cheque and demanding the money due was responded to by the petitioner with a total denial of issuance of cheque and monetary liability. Copy of the cheque in dispute is produced alongwith the petition on hand as Ext.P2.

(3.) In the meantime a private complaint was preferred by the petitioner as Crl.M.P. No.5534/2010 before the Chief Judicial Magistrate Court, Thiruvananthapuram against respondents 2 to 4 alleging that cheques belonging to him were misappropriated by the petitioner and thereby committed the offences punishable under Sections 120B, 420, 468 and 471 read with Section 34 IPC. The true copy of the private complaint is produced alongwith the petition on hand as Ext.P3. The complaint was forwarded by the Chief Judicial Magistrate Court, Thiruvananthapuram to Museum Police Station under sub-section (3) of Section 153 Cr.P.C. Crime No.935/2010 was registered by the Museum Police against respondents 2 to 4 for offences referred to above. The true copy of the FIR is appended to the petition on hand as Ext.P4. Due to the lagging of investigation, the petitioner preferred Crl.M.P. No.3180/2014 before the Chief Judicial Magistrate Court, Thiruvananthapuram seeking to expedite the investigation. In the meantime, a report referring the case as 'undetected' was filed by the police before Chief Judicial Magistrate Court, Thiruvananthapuram. In the report, the police has stated that the disputed cheque was produced by the complainant in the prosecution under Section 142 N.I. Act and it being in the custody of the court, investigation could not be conducted by them properly. The Civil nature of the case was also projected as a factor restraining them to pursue with the investigation. True copy of the refer report is produced along with the petition on hand as Ext.P5.