Sir, there exists a criminal case u/s 138 of NI Act filed by X against Y which is pending adjudication. On a particular date of adjournment, out of frustration, Y attacked X in the presence of Magistrate in the court hall and had ran away from the scene of offence thereupon had lodged a complaint at nearby Police Station with baseless and false allegations. On the other hand, under the directions of the Magistrate, X had forwarded a private written complaint directly to the Magistrate thereupon the Magistrate had referred the said complaint for investigation and submission of report. Surprisingly, on account of Y being influential person, the police had registered his case at first instance followed by the complaint of X been forwarded through the Magistrate. Things thus remaining, Y had not been turning up in attending to the criminal court for the offence u/s 138 of NI Act which had been now for more than a year on account of which NBW is in pending. Basing on the complaint of Y, the FIR was registered u/s 352, 506, 290 of IPC whereas basing on the "X" complaint, the FIR was registered u/s 354 of IPC. Basing on the ill acts and false complaint of "Y", "X" had filed a CRLP towards quashing of the FIR wherein an interim stay in not to arrest was granted by the High Court of A.P. and the main matter is still in pending. On the other hand, "Y" since the date of filing of his false complaint, he had not turned up to either of the cases or in giving of his statement to the police on account of which his complaint is in pending for the statement from the court u/s 164 of Cr.P.C.
My questions being:
1. What "X" need to adopt the further legal process in getting acquitted?
2. What further steps need to be taken by "X" in getting "Y" convicted?
3. Do the "X" need to approach the concerned Magistrate or the High Court in claiming appropriate relief? If so, what procedure need to adopted in claiming of the due relief?
Pls advise, Thanking you
