ADAIKALAM Vs. K RAJU

JUDGEMENT

(1.) The petitioner is the sole accused in C.C. No. 21 of 2007 pending On the file of the Court of District Munsif cum-Judicial Magistrate, Kodumudi and he is facing the prosecution for the alleged commission of the offences under Section 420, 467, 468 and 401 of IPC. This criminal original petition is filed for quashment of the said proceedings.

(2.) The facts leading to the filing of this petition for quashment are as follows :

(3.) During the pendency of the complaint in C.C. No. 105 of 2002, the respondent/complainant filed M.P. No. 2228 of 2003 for altering the Section from 138 of the Negotiable Instruments Act to Section 420 of IPC, stating that the bank official who was one of the witnesses examined, had deposed that the account in which the cheque was drawn and signed by the accused does not belong to him and since the act of the accused constitute the commission of the offence under Section 420 of IPC, the complainant prayed for alteration of the Section. The said application was dismissed on 20.4.2004 by the said Court, after contest.