IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Crl.MC.No. 1123 of 2010() ------------------------------------- CC.2221/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR .................... PETITIONER/ACCUSED: ----------------------------------- ARUNA BHAI, AGED 32 YEARS W/O.GOPINATHAN, KUDILINGAL HOUSE P.O.VADOOKKARA, THRISSUR. BY ADV. MR.M.B.PRAJITH RESPONDENT/COMPLAINANT: --------------------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. K.N. SUBASH, AGED 51 YEARS S/O.LATE NARAYANAN, KAKKANATU HOUSE P.O.PUTHUR, THRISSUR. R1 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1123 of 2010 -------------------------- ORDER Petitioner is the accused in C.C.No.2221/2008 on the file of Judicial First Class Magistrate's Court-II, Thrissur, 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 Annexure-AIV order, where under a non bailable warrant was issued. 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel appearing for the petitioner is that Annexure-AII joint statement was filed before the learned Magistrate reporting settlement of the case providing payment of the amount before 9.7.2010 and in such circumstances, learned Magistrate should have recorded the plea once again as sought for in CRMC 1123/10 2 Annexure-AIII application. 4. Based on Annexure-AII, learned Magistrate could not have compounded the offence, as it does not show that the offence was compounded. It only provides for payment of the amount before 9.7.2010. After the commission of the offence, payment of the amount covered by the dishonoured cheque will not obliterate the offence. Thereafter the offence can only be compounded. Complainant is at liberty to approach the learned Magistrate for permission to compound the offence. If such an application is filed, Magistrate need not insist for the presence of the accused for granting permission to compound the offence. If non bailable warrant is to be recalled, petitioner has to approach the learned Magistrate. Petition is disposed. 31st March, 2010 (M.Sasidharan Nambiar, Judge) tkv