ORDER :

This is a petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred as ‘Cr.P.C’ for convenience) to quash complaint in C.C. No.1233 of 2015 on the files of the Judicial First Class Magistrate Court-VIII, Maradu, Ernakulam, on urging that the same is an abuse of the process of Court. The petitioners are accused Nos. 2 and 3 in the above case, who are citizens of United States of America.

2. I would like to refer the parties in this Crl.M.C as 'accused' and 'complainant', for convenience.

3. Heard the learned senior counsel for the accused/petitioners in detail as well as the learned Public Prosecutor appearing for the State. Though, notice issued to the 1st respondent/complainant, the complainant did not turn up.

4. It is submitted by the learned senior counsel for the accused/petitioners that, the sum and substance of the complaint, which led to cognizance of offences under Sections 406 and 420 read with 34 of IPC, is presentation of cheques entrusted by the complainant as part of business dealings and consequential filing of prosecution permissible under Section 138 read with 142 of the Negotiable Instruments Act, 1881 (hereinafter referred as ‘N