The absence of prima facie evidence warrants quashing of proceedings under Section 482 of CrPC to prevent frivolous litigation.

O R D E R

This petition has been filed under Section 482 of the Code of Criminal Procedure . The prayer in this petition is as under:

“ to call for the records in C.C.No.290/2013, on the file of Judicial First Class Magistrate Court- V(Special Court for Marklist Cases), Thiruvananthapuram and quash Annexure A1 in the interest of justice.”

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. Short facts of the case are as follows:-

The petitioner would contend that, while working as Manager of ICICI Bank Limited, the defacto complainant in this case filed complaint against him before the Chief Judicial Magistrate Court, Thiruvananthapuram, alleging commission of offences punishable under Sections 406, 409, 418, 420, 465, 468 and 34 of the Indian Penal Code and the same led to registration of Annexure-A2 FIR. The allegation is to the effect that the defacto complaiant issued cheque bearing No.424651 dated 05.08.2007 for an amount of Rs.9,030/- drawn on his account at HDFC Bank, Vazhuthakadu Branch to the second witness towards repayment of the credit card facility and later the date of the cheque was materially altered to 04.08.2007 instead of 05.08.2007 by the petitioner herein and accordingly, the same got dishonoured. On the said basis, prosecution was launched against the defacto complaiant. Consequently, the defacto complaiant was arrested in a prosectuion case involving offence punishable under Section 138 of the Negotiable Instruments Act. Soon the defacto complainant had launched the complaint.

4. The learned counsel for the petitioner would submit that though the Investigating Officer, on investigation, filed report dated 02.05.2012 as Annexure- A1, alleging that the petitioner committed offences under Sections 406, 409, 418, 420, 465, 468 and 34 of the Indian Penal Code(hereinafter will be referred as IPC for convenience) in the final report, no materials placed to substantiate prima facie commission of the said offences.

Thus, the final report is liable to be quashed.

5. Going by the final report, the specific allegation is that cheque dated 05.08.2007 alleged to be issued by the complainant towards payment of the seventh monthly instalment of the liability covered by the credit card facility given to the defacto complainant was materially altered and in consequence thereof, the above offences are alleged to be committed by the petitioner.

6. Thus, the prosecution case eminates from the precise allegation that the petitioner herein materially altered the date of the cheque as 04.08.2007 instead of

05.08.2007.

7. On perusal of the final report, it could be seen that the so-called cheque neither seized by the Investigating Officer or forwarded the same to the FSL to find prima facie that the cheque was materially altered, as contended. As such, no materials collected during investigation and without having sufficient primary materials to constitute the offences alleged, final report was filed in an callous manner so as to put the petitioner in trouble.

8. On perusal of the final report as discussed above, this Court has no hestitaton to hold that there are no primary materials in this matter to proceed against the petitioner, on the premise that he had committed offences under Sections 406, 409, 418, 420, 465, 468 and 34 of the IPC and therefore, the final report is liable to be quashed.

In the result, this petition is allowed and the final report in Crime No.448 of 2009 is now pending as C.C.No.290 of 2013 before the Judicial First Class Magistrate Court-V(Special Court for Marklist Cases), Thiruvananthapuram stands quashed.

Sd/-

A.BADHARUDEEN, JUDGE rkj APPENDIX OF CRL.MC 7250/2014 PETITIONER ANNEXURES ANNEXURE-A1 THE CETTIFIED COPY OF THE FINAL REPORT IN C.C.NO.290/2013 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-

V(SPECIAL COURT FOR MARKLIST CASES), THRIUVANANTHAPURAM.

ANNEXURE-A2 TRUE COPY OF THE FIR NO.448/2009 DATED

23/7/2009.

ANNEXURE-A3 CERTIFIED COPY OF THE FORM NO.15 DAT