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SANTHOSH PAUL, S/O. K.C. PAUL versus C.K. ABDUL NASAR, S/O. ABDULLAKUTTY

High Court of Kerala

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SANTHOSH PAUL, S/O. K.C. PAUL v. C.K. ABDUL NASAR, S/O. ABDULLAKUTTY - Crl MC No. 807 of 2006 [2006] RD-KL 3467 (14 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 807 of 2006()

1. SANTHOSH PAUL, S/O. K.C. PAUL,
... Petitioner

Vs

1. C.K. ABDUL NASAR, S/O. ABDULLAKUTTY,
... Respondent

2. SHANAVAS P.,

3. STATE OF KERALA THROUGH THE

For Petitioner :SRI.SUNNY MATHEW

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :14/12/2006

O R D E R

R.BASANT, J.

Crl.M.C.NO.807 OF 2006

Dated this the 14th day of December, 2006.

ORDER

The petitioner faces indictment in a prosecution under Section 138 of the N.I Act. In the said case, he wants to take up a defence that the cheque was fraudulently made use of by the complainant. He had filed a complaint before the learned Magistrate, which was referred to the police. Investigation into that crime was pending as Crime No.654 of 2005. The petitioner in these circumstances came to Court with the prayer that the prosecution under Section 138 of the N.I Act may be quashed or in the alternative, the trial in that case may be stayed till investigation is completed by the police in Crime No.654 of 2005.

2. When this petition came up for hearing, the learned counsel for the respondent/complainant points out and it is not disputed that investigation in Crime No.654 of 2005 is now over. Final report has already been filed. Cognizance has been taken by the same court and the same is pending before the same court, ie. J.F.M.C, Nilambur as C.C.No.147 of 2006. Crl.M.C.NO.807 OF 2006 2

3. I find absolutely no justifiable reason to invoke the powers under Section 482 Cr.P.C to quash the prosecution under Section 138 of the N.I Act. The alternative prayer has now become infructuous as C.C.No.147 of 2006, has already been registered on the basis of the final report in Crime No.654 of 2005.

4. This Crl.M.C is, in these circumstances, dismissed. R.BASANT

JUDGE

rtr/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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