1 APPLN 1223.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO. 1223 OF 2010 Mr. Narayan Iyer. ... Applicant. V/s. Mr. Shridhar D. Poojari & Anr. ... Respondents. Mr. Sandesh Deshpande for the Applicant. Mrs. R.V. Newton, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 23rd AUGUST 2011. P.C. :- Heard learned Counsel for the Accused/Applicant. Respondent No.1 though served, absent. 2. The Applicant questions propriety of prosecution bearing No.655 of 2009 before the learned J.M.F.C., Thane, for an offence under Section 379, 420, 406, 467 and 468 of Cr.P.C. dated 28th July 2009. 3. Reading the complaint it appears that the basic transaction between the complainant (Respondent herein) and present Applicant was revolving to a chit fund account, in alleged discharge of liability of said chit fund account cheques were allegedly issued by the Respondent – Complainant. The Applicant herein, after compliance of statutory notice required 2 APPLN 1223.10.sxw under Section 138 of Negotiable Instruments Act, prosecuted the Respondent vide Complaint No.2747 of 2006. 4. It is apparent to give a cloak to the on going litigation initiated by the Applicant herein. The prosecution in terms of Section 379, 420, 406, 467 and 468 are hurled against the Applicant. 5. It is curious, a notice was sent before lodging the prosecution dated 15.5.2006 by the Applicant. Said notice was not disputed to its contents. After the complaint, an application was made by the Respondent being Private Complaint No.2747 of 2006 to refer the document to handwriting expert. It was allowed by the learned Judge by his order dated 2.12.2008. However, on 28.12.2009, the Respondent in the said proceedings did not press to refer the document to hand writing expert. 6. Taking survey of these facts, it is clear that the recital in Criminal Complaint by the Applicant is taken as an offence he has been prosecuted for no fault. The persecution calls for interference. Hence, C.C.No.655 of 2009 is quashed and set aside. The Application allowed. (K.U. CHANDIWAL,J.)