IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Crl.L.P..No. 286 of 2009() -------------------------- ST.764/2003 of J.M.F.C.-II,THRISSUR .................... (S): PETITIONER/COMPLAINANT ------------------------------------------ M/S. MANAPPURAM GENERAL FINANCE & LEASING LTD., MANAPPURAM HOUSE, VALAPAD P.O., THRISSUR, REPRESENTED BY JUNIOR ASSISTANT A.V.UNNIKRISHNAN. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): ACCUSED AND THE STATE ------------------------------------ 1. MUHAMMED K.T., VALIYAKATH HOUSE, P.O.ORUMANAYUR, CHAVAKKAD, THRISSUR DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SMT.M.K.PUSHPALATHA, PUBLIC PROSECUTOR THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.L.P.No.286 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2009 O R D E R This special leave petition is preferred against the judgment of the J.F.C.M.II, Thrissur. In S.T.No.764 of 2003. It is a case under Section 138 of the Negotiable Instrument Act, it is the case of the accused that at the time of purchase of the vehicle under hire purchase blank cheques been given and it had been utilised for filing the case. Learned Magistrate had considered this point elaborately in page 6 of the judgment. He also refers to the cheque no.176351. He also refers to another case which is stated in the complaint where the cheque no. is 176352. The court on analysis found that the story of the complainant that the accused issued two cheques Crl.L.P.No.286/2009 : 2 : having consecutive numbers on two different dates after an interval of two years is difficult to believe. So reasoning for rejecting the complaint is based on sound reasons and materials. I do not find any ground and therefore the special leave petition is dismissed. (M.N.KRISHNAN, JUDGE) jma