IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Crl.MC.No. 2779 of 2009 --------------------------------------- CC.1328/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER/ACCUSED: BABU JAYARAJ, AGED 49 YEARS, S/O.BASKARAN NAIR, PRASANTH VILLA, CANTONMENT NORTH WARD/NAGAR, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENTS/COMPLAINANT & STATE: 1. C.BABU, AGED 51 YEARS, S/O.CHELLAPPAN, PROPRIETOR, M/S.MAINADS, P.B.NO.627, NO.19/1966-B4 1ST FLOOR, WAHU SHOPPING COMPLEX, P.V.SWAMY CROSS ROAD, CHALAPPURAM, CALICUT-02. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2779 of 2009 -------------------------- ORDER Petitioner is the accused and first respondent, the complainant in C.C.No.1328/2008 on the file of Judicial First Class Magistrate's Court-I, Kollam, taken cognizance for the offence under Section 138 of Negotiable Instruments Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash the complaint contending that ingredients of an offence under Section 138 of Negotiable Instruments Act is not made out. Argument of the learned counsel appearing for the petitioner is that the amount covered by the dishonoured cheque is Rs.26,000/-, but as per the notice sent under Section 138(b) of Negotiable Instruments Act, only Rs.21,000/- was demanded as is clear from Annexure-A1 complaint and therefore, the complaint is to be quashed. CRMC 2779/09 2 2. On hearing the learned counsel, I do not find any ground to quash the complaint exercising the powers under Section 482 of Code of Criminal Procedure. Though the dishonoured cheque is for Rs.26,000/-, it is the specific case of the first respondent in the complaint itself that out of the said Rs.26,000/-, Rs.5,000/- was paid by the petitioner and therefore, only Rs.21,000/- was due and demanding that amount, notice was sent. In such circumstances, I find no reason to quash the complaint. Petitioner is entitled to raise all the contentions before the learned Magistrate. Petition is dismissed. 20th October, 2009 (M.Sasidharan Nambiar, Judge) tkv