IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 Crl.MC.No. 4026 of 2010() ------------------------- CC.536/2008 of JUDL.MAGISTRATE OF FIRST CLASS, AMABALAPUZHA ................... PETITIONER / ACCUSED : ----------------------------------- MARIAMMA LUKE, W/O.LATE P.T.THOMAS A2, II FLOOR, AMBADI APARTMENT WARRIAM ROAD, PALLIMUKKU COCHIN 682 016 BY ADVS. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH RESPONDENTS / COMPLAINANT : ------------------------------------------------ 1. M/S. PROMPT CHITS & INVESTMENTS ADMINISTRATIVE OFFICE, EDATHWA, ALAPPUZHA DISTRICT REPRESENTED BY ITS MANAGING PARTNER, K.G.JAYANANDAN KAMALALAYAM, PANDAMKARI, EDATHUA, ' ALAPPUZHA DISTRICT 688 561 2. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682 031 R2 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4026 OF 2010 --------------------------------------------- Dated 4th October, 2010 O R D E R Petitioner, the accused in C.C.536/2008 on the file of Judicial First Class Magistrate's Court, Ambalappuzha filed this petition to quash the cognizance taken for the offence under Section 138 of Negotiable Instruments Act. 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel is that as seen from the complaint, husband of the petitioner had borrowed money from the first respondent and for that amount cheque was issued by the petitioner and it was dishonoured and thereafter the complaint was filed and husband of the Crmc 4026/10 2 petitioner is no more and therefore, petitioner cannot be prosecuted. 4. On going through Annexure-IV complaint, taken cognizance by the learned Magistrate, it cannot be said that necessary ingredients constituting the offence are not pleaded. Question whether petitioner is liable for discharging the debt of the husband when the dishonoured cheque was issued by her and whether death of the husband would make any difference are all matters to be considered by the learned Magistrate at the time of trial. Petitioner is entitled to raise all the contentions before the learned Magistrate. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.