THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5962 of 2010 ORDER: Petitioners approach this Court with a prayer to quash the proceedings against them in Crime No.51 of 2010 on the file of the Kancharapalem Police Station, whereby they are arrayed as accused for the offences punishable under Sections 468, 471, 420 and 120B IPC. 2. Heard both sides. 3. The allegation against the petitioners is that they committed theft of four cheques, which belongs to the complainant herein. 4. Learned counsel for the petitioners submitted that after filing of a case under Section 138 of Negotiable Instruments Act in the year 2008 by the petitioners, the present complaint is lodged after lapse of nearly two years. Hence, it is a motivated complaint. Further he submitted that in order to defeat the rights of the petitioners herein, the present complaint is lodged by the respondent-complainant. 5. Taking into consideration all facts and circumstances of the case, this Court is of the view that the said fact can be investigated and if the investigation reveals that the petitioners have not committed any offence, certainly it will be in their favour. Hence, this Court is of the view that investigation means not only to file charge sheet against the petitioners herein but also the Investigation Officer is having a right to refer the matter as false also. So, the respondent-police is directed to complete the investigation and file final report either way without making arrest of the petitioners. 6. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 3rd November 2011, Rns.