IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Crl.MC.No. 1885 of 2010() -------------------------------------- ST.3685/2008 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER/5TH ACCUSED IN ST 3685/08 JFCM- III THRISSUR ------------------------------------------------------------------------------------------- B.SRIDHAR, S/O.BALAKRISHNAN, 'KOUNDANYA HOUSE', POOTHOLE, THRISSUR. BY ADV. SRI.N.K.SUBRAMANIAN, SRI.S.ANANTHAKRISHNAN. RESPONDENT NO.1 & 2/COMPLAINANT IN ST 3685/08 JFCM- III THRISSUR/NOT A PARTY --------------------------------------------------------------------------------------------- 1. P.S.UMESH, S/O.SHANMUGHAN, KODUVELI PARAMBIL HOUSE, CHEMBUKKAVU P.O., THRISSUR TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/09/2010, ALONG WITH CRMC NO.1886 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 1885 of 2010 ORDER ON CRL.MA.NO.3085/2010 IN CRL.MC.NO.1885/2010 DISMISSED 08/09/2010. SD/- M.SASIDHARAN NAMBIAR, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1885 & 1886 OF 2010 =========================== Dated this the 8th day of September,2010 ORDER Petitioner is the fifth accused in S.T.3685/2008 and S.T. 3686/2008 on the file of Judicial First Class Magistrate's Court-III, Thrissur taken cognizance for the offence under section 138 of Negotiable Instruments Act on Annexure A complaint. The case of the respective first respondent complainant before the learned Magistrate was that petitioner committed the offence as he was one of the Directors of the first accused Company. The dishonoured cheque involved in S.T.3685/2008 was issued on 23.6.2007. The dishonoured cheque in S.T.3686/2008 was issued on 30.4.2007. These petitions are filed under section 482 of the Code of Criminal Procedure Crl.M.C.1885 & 1886 of 2010 2 to quash the proceedings against him contending that petitioner was not the Director of the Company when the cheques were issued. 2. Though notice was served on the first respondent, in both the petitions they did not appear. 3. Learned counsel appearing for the petitioner was heard. 4.Annexure E order of this court in Crl.M.C.2751/2008 and connected cases establishes that petitioner resigned from the Company with effect from 28.6.2006 and the matter was reported to the Registrar of Companies also. It was also found that petitioner was not responsible for the Company subsequent to 28.6.2006. Hence on the dates when the dishonoured cheque involved in these cases were issued petitioner has nothing to do with the first accused Company. Hence he cannot be prosecuted for the offence. Therefore continuation of the proceedings as against the petitioner is only an abuse of process of the court. Crl.M.C.1885 & 1886 of 2010 3 Petitions are allowed. S.T.3685/2008 & S.T.3686/2008 on the file of Judicial First Class Magistrate's Court-III, Thrissur as against the petitioner the fifth accused is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006