Thorough investigation is necessary to establish the truth or falsity of allegations in criminal proceedings.

1. The petitioner has sought for quashing of the proceedings in Crime No.86/2015 pending on the file of Chief Judicial Magistrate, Bangalore Rural District, Bangalore. Respondent No.1- State by Tavarekere Police has registered a case in Crime No.86/2015 on the complaint lodged by respondent No.2 herein dated 13.2.2015 for the offences under Sections 380, 420 and 406 of IPC.

2. After hearing the learned counsel for the petitioner and the respondent and after considering the entire materials on record, this Court has to consider whether the said proceedings in any way bad in law or the said criminal case has been lodged maliciously in order to harass the petitioner herein.

3. It is worth to refer here a decision of the Apex Court reported in 1992 Supp (1) SCC 335 in the case of State of Haryana and Others Vs. Bhajan Lal and Others, wherein the Apex Court has laid down certain guidelines as to under what circumstances the First Information Report and further proceedings can be quashed. The relevant guidelines are enumerated below;

(i) "Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(iii) Where the un-controverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(iv) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wrecking vengeance on the accused and with a view to spite him due to private and personal grudge."

4. According to the learned counsel for the petitioner, respondent No.2 has issued a cheque for a sum of Rs.45,00,000/- in the year 2014 precisely on 20.11.2014 and notice was issued after dishonour of the said cheque on 4.12.2014 and the same has been replied by the respondent on 8.12.2014 making the allegations that, the said cheque was subjected to theft. After receipt of the said notice, the petitioner has filed a private complaint on 4.3.2015 under the provisions of Negotiable Instruments Act before the Jurisdictional Magistrate i.e. before the 13th Additional Chief Metropolitan Magistrate, Bangalore. After receipt of the notice and after issuance of the reply, the respondent No.2 has in fact lodged a complaint against the petitioner that, his cheques were stolen in the year 2013 or 2014 itself and there was no occasion for him to issue any cheque on 20.11.2014. Therefore, the learned counsel contends that in order to wreck vengeance, a malicious complaint was lodged by respondent No.2 against the petitioner. Therefore, same is liable to be quashed.

5. The learned counsel for the petitioner further submitted that, though there is a mistake in the reply notice that, respondent No.2 has stated that, the cheques were lost by him in the year 2013, precisely on 16.7.2013, but it was actually he has lost the cheques in the year 2014, precisely on 16.7.2014. Merely because a mistake has crept in the notice itself, that itself cannot be called as mala fide intention, because much earlier to the said complaint, the petitioner has already informed the police with regard to loss of cheque and the said document is also produced before the Court. The first complaint was lodged to the Sub- Inspector of police by the petitioner. Subsequently, after receipt of the notice under Section 138 of Negotiable Instruments Act dated 4.12.2014, the respondent No.2 has lodged another complaint on 13.2.2015 requesting the polic