IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Crl.MC.No. 3709 of 2008() ------------------------- CC.41/2008 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... PETITIONER: -------------- K.HASSAINAR, SON OF ABDULLA, KATTAMPALLI, KEEKAN P.O., HOSDURG, KASARGOD. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S ALHIND TRAVELS (P) LTD., MARKAX COMPLEX, MAVOOR ROAD, KOZHIKODE, REPRESENTED BY ITS REGIONAL MANAGER, V.J. FRANCIS, SON OF JOHN VADAKKAL, PAROPADI, KOZHIKODE. R1 BY PUBLIC PROSECUTOR, SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3709 OF 2008 ----------------------------------------------- Dated this the 13th day of October, 2008 O R D E R The petitioner faced indictment in a prosecution under Section 138 of the Negotiable Instruments Act. The complaint was filed on 14.01.08 and cognizance was taken by the learned Judicial First Class Magistrate Court-I Kozhikode. Prior to the filing of this complaint under Section 138 of the Negotiable Instruments Act the complainant had lodged an FI Statement on the basis of which crime under Section 420 IPC was registered against the petitioner on 06.11.07. That crime is now being investigating, it is submitted. 2. The petitioner had received the notice of demand and to that notice a reply was issued on 28.12.07 in which the petitioner took the stand that the complainant is a total stranger for him and the cheque was not issued to him at all. Long later, on 25.5.08, he filed a private complaint before the Judicial First Class Magistrate Court-I, Hosdurg in which he raised allegations against the respondent/complainant in 138 prosecution that he has committed offences punishable under Section 463 and 468 against the petitioner herein. Crl.M.C. No. 3709 OF 2008 -:2:- 3. The petitioner has now come to this court with a prayer that the prosecution under Section 138 of the Negotiable Instruments Act initiated against him may be quashed invoking the powers under Section 482 Cr.P.C. What is the reason? The learned counsel for the petitioner submits that allegations raised in the complaint under Section 138 of the Negotiable Instruments Act are totally false and that the true state of affairs is reflected in the complaint filed by him before the JFMC-I Hosdurg. In these circumstances, prosecution under Section 138 of the Negotiable Instruments Act may be quashed, it is prayed. 4. Whether the allegations in the complaint under Section 138 of the Negotiable Instruments Act are correct or whether the allegations in the complaint filed by the petitioner under Section 468 IPC are correct cannot obviously be decided by this Court at this stage and in this proceedings under Section 482 Cr.P.C with the meagre inputs that are available. Both parties will have to attempt to substantiate their respective contentions in the cases which are pending before the courts between them. 5. It shall be puerile for this Court now assume that the Crl.M.C. No. 3709 OF 2008 -:3:- allegations in either complaint are true and those in the other are false. The prayer for quashing of proceedings invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C must hence definitely fail. 6. In the result,this Crl.MC is dismissed. 7. I may hasten to observe that I have not initiated to express any opinion on merits on the acceptability of the contentions raised by rival contestants in the two cases. On the basis of the evidence which shall be made available to the courts, such disputes will have to be resolved. 8. By separate orders passed in Tr.P.(Crl) 62/08, both cases have been directed to be disposed of by the same court. R. BASANT, JUDGE ttb Crl.M.C. No. 3709 OF 2008 -:4:- Crl.M.C. No. 3709 OF 2008 -:5:-