N.DHINAKAR
P. V. George – Appellant
Versus
Jacob Mathews – Respondent
The question to be decided in this Crl.M.C. is whether the Magistrate, after having decided to act and initiated action under Chapter XV of the Crl.P.C. can revert back to Chapter XII of the said Code.
2. A few facts, which need for deciding the abovesaid question can be summarised and stated as follows.
3. Petitioners are A1, A2 and A9 in C.M.P. No. 8654 of 1993 on the file of the Judicial First Class Magistrate. Thiruvalla, instituted on a private complaint filed on 19-11-1993 for an offence punishable under Section 420 read with Section 34, I.P.C. In the said complaint 9 persons including these petitioners are shown as accused. A7 and A8 are the daughters of A1 and A2. A9 is the other daughter. A3 to A6 are the close friends of A1.
4. The allegation in the said complaint is that in order to settle the earlier dispute between the 1st respondent in this petition (complainant in C.M.P. No. 8654 of 1993) and the 1st petitioner, 7 signed blank cheques were given to the 1st petitioner by the 1st respondent on 10-10-1991 as one of the conditions for the settlement of disputes. This handing over of signed blank cheques was at the instance of an advocate, who happens to be a
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