IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Crl.MC.No. 5026 of 2010() ----------------------------------- CC.837/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER(S): ACCUSED -------------------------------------- P.M.RAJESHWARI, FLAT NO.401, 4TH FLOOR, SHIV SHAILA, WORLI NAKA, WORLI, MUMBAI-400018. BY ADV. SRI.S.ARUN RAJ RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------------------- 1. K.K.BALAN, S/O. KUNJAYYAPPAN, KUNNATHULLY HOUSE, PUTHOOR.P.O., KAIPARAMBU, THRISSUR-680546. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC NO.5026/2010 APPENDIX PETITIONER'S ANNEXURES ANNEXURE A:- COPY OF THE CERTIFICATE DTD. 18.11.2010 ISSUED BY THE CHAIRMAN OF SHIV SHAILA CO-OP HOUSING SOCIETY LTD., WORLI NAKA, WORLI, MUMBAI. ANNEXURE B:- COPY OF THE EMAIL LETTER DTD. 30.10.2008 A SENT TO THE INDIAN BANK BY THE PETITIONER INFORMING STOP PAYMENT OF THE CHEQUE. ANNEXURE C:- CERTIFIED COPY OF THE COMPLAINT CC NO.837/09 FILED BY THE RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM. ANNEXURE D:- COPY OF THE CHEQUE DT. 29.10.2008 BEARING NO.53445 FOR A SUM OF RS. 1,00,001/- ISSUED BY THE PETITIONER IN FAVOUR OF THE RESPONDENT. ANNEXURE E:- COPY OF THE CHEQUE RETURN MEMO DTD. 1.11.2008 ISSUED BY THE MANAGER, INDIAN BANK, M.O.ROAD, THRISSUR. ANNEXURE F:- COPY OF THE LEGAL NOTICE DTD. 28.11.2008. ANNEXURE G:- COPY OF THE REGISTERED POST SLIP, THE ENVELOPE CONTAINING ENDORSEMENT BY POSTAL AUTHORITIES AND THE ACKNOWLEDGMENT CARD. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 5026 of 2010 - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned counsel for the State. 2. The petitioner is the accused in C.C. No. 837 of 2009 on the file of the Judicial First Class Magistrate, Kunnamkulam for offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881. The petitioner states that notice has not been served on her as required under the Act, that notice was issued on the wrong address which is not the address of the petitioner, and that notice has been returned with an endorsement that the addressee is not known. This is a case under Section 138 of the Negotiable Instruments Act. The learned counsel for the petitioner states that he will file appropriate application to drop the case on the grounds to be urged in the application and he can adduce evidence to that effect. If the petitioner files such an application before the trial court within one month from today, the same shall be considered and pass appropriate orders thereon. The petitioner is a lady Crl.M.C.No. 5026/2010 -:2:- and may not be possible for her to attend the court on each and every posting date. If the petitioner files an application under Section 205 Cr.P.C. within the aforementioned time, her application for dispensing with personal appearance shall be allowed by the Magistrate on such condition he deems fit. With the above observation, this Crl.M.C is disposed of. sd/- B.P. RAY, JUDGE. rv