LAWS(BOM)-2019-10-267

NAZIR KHAN Vs. STATE OF GOA AND ORS.

Decided On October 11, 2019
NAZIR KHAN Appellant
V/S
State Of Goa And Ors. Respondents

JUDGEMENT

(1.) Heard Mr. Menezes, learned Counsel for the petitioner and Mr. Faldessai, learned Additional Public Prosecutor for the respondent Nos. 1 and 2. None appears for the respondent No.3, the original complainant.

(2.) By this petition under Article 226 of the Constitution of India r/w. Sec. 482 of the Code of Criminal Procedure ('Code', for short), the petitioner is seeking quashing of the FIR No.249 of 2017 registered against the petitioner, with Panaji Police Station for the offence punishable under Sec. 406, 420 r/w. Sec. 34 of Indian Penal Code (IPC, for short). The aforesaid FIR is registered on the basis of the complaint lodged by the 3rd respondent.

(3.) It is a matter of record that the impugned FIR came to be registered on 14/11/2017. Prior thereto the petitioner had filed a complaint under Sec. 138 of the Negotiable Instruments Act, against the 3rd respondent, accompanied by an application for the condonation of delay dtd. 22/03/2017.