IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 864 of 2008(C) ------------------------ CC.155/2007 of JUDL.MAGISTRATE OF FIRST CLASS-III, ERNAKULAM .................... PETITIONER: ACCUSED ------------------- V.K.SUBAIR, AGED 47, S/O.KHADER, VATHELIL HOUSE, RAYONPURAM P.O., PERUMBAVOOR, CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: COMPLAINANT ---------------------------------- 1. H.S.B.C.BANK, MIDDLE EAST,P.O.BOX 66, DUBAI, U.A.E., REP.BY ITS AGENT, M/S.SREE GURU FINSES, HAVING ITS OFFICE AT NO.32/1769,CIVIL LINES ROAD, NEXT TO DHANYA NURSING HOME, PIPELINE JUNCTION, PALARIVATTOM, KOCHI-24, A PROPRIETARY CONCERN REP.BY ITS PROPRIETRESS MRS.SHALINI RAMACHANDRAN 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 864 of 2008 ========================== Dated this the 7th day of March, 2008. O R D E R The petitioner, who is the accused in C.C No. 155 of 2007 on the file of the Judicial First Class Magistrate-III, Ernakulam in a prosecution under Section 138 of the Negotiable Instruments Act, seeks to quash Annexure -A1 private complaint and the subsequent proceedings before the Magistrate. 2. According to the petitioner, the borrowal was at Dubai in U.A.E., the complainant as well as the accused were also at Dubai at the relevant time, the drawee bank is also at Dubai and the dishonour of the cheque was also at Dubai. The petitioner would, therefore, contend that apart from the fact that no prosecution under Section 138 of the Negotiable Instruments Act is maintainable, the complaint is certainly not triable by the Judicial First Class Magistrate-III, Ernakulam where it has been instituted. 3. These are all matters which the petitioner can raise before the court below and seek to drop the proceedings by CRL.M.C. NO. 864/2008 : 2: invoking Sections 251 and 258 Cr.P.C., in the light of the decision in Dr.Kamala Rajaram v. Dy.S.P (2005(3) KLT 617) . Reserving this right of the petitioner, this Crl.M.C is dismissed. In case the petitioner files an application for dropping the proceedings within two weeks from today, the same shall be considered and disposed of expeditiously without insisting on the personal appearance of the petitioner. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 864/2008 : 3: