Mr. Thomas P. Joseph, J.

Petitioner is accused in CC No. 240 of 2003 of the Court of learned Judicial First Class Magistrate, Ponnani for offences punishable under section 420 r/w Section 34 of the Indian Penal Code. That case arose from Crime No.90 of 2003 of Ponnani Police Station. Charge is that on a promise to arrange visa petitioner and others collected Rs. 1,50,000/- and passport from PWs.1 to 3. Accused 1 and 2 faced trial and were acquitted by Annexure-A1, judgment dated November 29, 2007. Petitioner seeks to quash proceeding against him in view of Annexure-A1, judgment acquitting accused 1 and 2. It is submitted by learned counsel that the judgment destroys the substratum of the case of prosecution and hence in the light of the decision in Moosa v. Sub Inspector ((2006)1 KLT 552) prosecution against petitioner is liable to be quashed.

2. Since petitioner was not available for trial when accused 1 and 2 were tried the case against him was split up and refilled as CC No. 402 of 2007. I have heard learned counsel for petitioner and the learned Public Prosecutor and gone through Annexure-A1, judgment. It is seen from paragraph 12 of the judgment that learned Magistrate co