This Criminal Original Petition has been preferred under Section 482 of the Code of Criminal Procedure, against the criminal proceeding in C.C.No.168 of 2004 on the file of the Judicial Magistrate, Avinashi, seeking an order to call for the records and quash the same.The petitioner herein is the accused in the criminal proceedings, pending before the Judicial Magistrate, Avinashi, for the alleged offence, punishable under Sections 417, 418, 420, 465, 468 and 471 of I.P.C r/w Section 200 of Cr.P.C. The respondent / complainant had already filed a complaint against the petitioner for the offence under Sections 138, 141 and 142 of Negotiable Instruments Act in C.C.No.30 of 2000 on the file of the Judicial Magistrate, Avinashi.In the said case, the petitioner herein filed a petition in Crl.2368 of 2000 to discharge him, on the ground that no notice was served upon the petitioner, the same was dismissed by the Judicial Magistrate.Subsequently, the respondent herein filed Crl.Aggrieved by which, the petitioner herein filed Criminal Revision in Crl.By order, dated 17.11.2003, this Court allowed the criminal revision, whereby held that the petition to amend the charges, so as to incorporate Section 148 r/w 420 IPC and 468 r/w 471 IPC are not legally maintainable in the pending proceeding, that was initiated under Section 138 of Negotiable Instruments Act. There is no dispute with regard to the aforesaid facts.Aggrieved by which, the Criminal Original Petition was filed under Section 482 of the Code of Criminal Procedure.On the other hand, the learned counsel appearing for the petitioner relied on the decision, Sagar Suri vs. State of U.P, reported in 2000 (II) CTC 107, wherein the Hon'ble Apex Court has held that after instituting complaint under Section 138 of Negotiable Instruments Act on account of dishonour of cheques, criminal proceedings under Section 406 and 420 IPC could not be initiated against the family members of the drawer of the cheque and accordingly, the proceedings under Section 406 and 420 IPC were quashed by the Hon'ble Apex Court.In the instant case, it is seen that the respondent had filed complaint against the petitioner in C.C.No.30 of 2000, since the cheque, dated 03.12.1999 issued by the petitioner was dishonoured.It is not in dispute that the respondent subsequenlty filed Crl.M.P.No.3639 of 2001 in C.C.No.30 of 2000 for amending the complaint, so as to incorporate offence under Section 148 r/w 420 IPC and 468 r/w 471 IPC.Though the same was allowed by the learned Judicial Magistrate, in the revision, by order, dated 17.11.2003 made in Crl.In the result, the Criminal Original Petition is allowed and the criminal proceeding in C.C.No.168 of 2004, pending on the file of the Judicial Magistrate, Avinashi is quashed.Consequently, connected miscellaneous petitions are closed.No order as to costs.02-12-2008Index : Yes Internet : Yes tsvnToThe Judicial Magistrate, AvinashiThe Public Prosecutor, High Court of Madras, Chennai.CRL.O.P.No.24260 of 2004

Relevant sections: Section 420 in The Indian Penal Code; Section 406 in The Indian Penal Code; Section 417 in The Indian Penal Code; Section 468 in The Indian Penal Code; Section 465 in The Indian Penal Code; Section 471 in The Indian Penal Code