IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Crl.MC.No. 377 of 2008() ------------------------ CC.1818/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: ACCUSED: ---------------------------------------- ABBAS HASSAN KUTTY, AGED 46 YEARS, S/O. HASSAN KUTTY, MANAGING DIRECTOR, HOTEL CALICUT GREEN CASTLE (P) LIMITED, 11/243, POST VENGANELLOOR, CHELAKKARA, THRISSUR-680 586. BY ADV. SRI.C.A.NAVAS SRI.T.K.SASIKUMAR SMT.SIMI.C.SIVASANKAR SMT.K.G.SARALAKUTTY SRI.K.I.SAGEER RESPONDENTS: COMPLAINANT: --------------------------------------------------- 1. M/S. SANA BUILDING SYSTEMS, CHALAPPURAM BUILDERS, ALAPPAT CROSS ROAD, ERNAKULAM, KOCHI-682015, REPRESENTED BY ITS PROPRIETOR, SAJIN JOSEPH. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.377 of 2008 = = = = = = = = = = = = = = Dated this the 20th day of February, 2008 ORDER The petitioner, who is the accused in Annexure A17 private complaint, which has been taken cognizance by the Additional Chief Judicial Magistrate, Ernakulam as C.C.No.1818 of 2007 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, seeks to quash the proceedings before the said court. 2. It is too early to accept the contentions of the petitioner by this Court, unaided by any of the materials relevant for consideration. Even though the case is numbered as C.C case, it is a summons case instituted otherwise than on a Police Report and the Magistrate has the power to drop or discontinue the proceedings, before the particulars of offences have been read over to the accused. Hence, without prejudice to the right of the petitioner to plead for dropping of the proceedings under Section 251 read with 258 Cr.P.C, as was held in Kamala Rajaram v. State of Kerala (2005(3)KLT617, this Crl.M.C is dismissed. V. RAMKUMAR, JUDGE sj