IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 OP(Crl.).No. 967 of 2011(Q) -------------------------------------- [ST.NOS. 1012/2005,1294/2005,1482/2005,1583/2005 & 1706/2005 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR] .................... PETITIONER: ------------------- S.HARIKUMAR, VRINDAVAN, AYAMPALLY ALAMCODE P.O, ATTINGAL. BY ADVS. SRI.M.BALAGOVINDAN, SRI.T.K.ANANDA PADMANABHAN. RESPONDENTS: ------------------------ 1. EMPLOYEES STATE INSURANCE CORPORATION, HAVING ITS REGIONAL OFFICE AT KERALA, NORTH SWARAGE ROUND, TRICHUR-20, REPRESENTED BY ITS INSPECTOR EMPLOYEES STATE INSURANCE CORPORATION, REGIONAL OFFICE,TRICHUR-20. 2. STATE OF KERALA, REPRESENTED BY THE STATE PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 3. TRIVANDRUM DISTRICT MOTOR TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD., REPRESENTED BY ITS SECRETARY, ATTINGAL- 695 101. 4. N.SUGATHAN, SECRETARY, TRIVANDRUM DISTRICT MOTOR TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD., ATTINGAL- 695 101. 5. N. APPUKUTTAN NAIR, PRESIDENT, TRIVANDRUM DISTRICT MOTOR TRANSPORT WORKER CO-OPERATIVE SOCIETY LTD., ALANCODE.P.O., ATTINGAL – 695 101. OP.(CRL).NO.967/2011-Q: 6. P.UNNIKRISHNAN FORMER PRESIDENT, TRIVANDRUM DISTRICT MOTOR TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD ., ALANCODE P.O, ATTINGAL-695 101. R2 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.967 of 2011 ==================================== Dated this the 09th day of March, 2011 J U D G M E N T Petitioner is the second accused in S.T. Nos.1012, 1294, 1482, 1583 and 1706 of 2005 of the court of learned Chief Judicial Magistrate, Thrissur for offence punishable under Section 138 of the Negotiable Instruments Act. Various contentions are raised in this petition as regards non-liability of petitioner on account of dishonour of the cheques. However when this matter came up for hearing learned counsel sought permission to withdraw the petition without prejudice the right of petitioner to take appropriate defence in the trial court. I have heard the learned Public Prosecutor also. Having regard to the circumstances stated I am inclined to grant permission to the petitioner withdraw this petition. Original Petition is dismissed as withdrawn without prejudice to the right of petitioner to take appropriate defence in the trial court. THOMAS P. JOSEPH, JUDGE. vsv