IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 Crl.MC.No. 344 of 2005(C) ------------------------- CC.543/2003 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER(S): ACCUSED: ----------------------- DR. V.S. RAJEEV, AGED 42 YEARS, S/O.G. SADASIVAN, `KAVYASANU', PULAMON, KOTTARAKKARA, (DIRECTOR, VIJAYA HOSPITAL, KOTTARAKKARA.) BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT: --------------------------- 1. P.T. THOMAS, 49/590, BEETA PLAZA, KRISHNASWAY ROAD, COCHI-35. 2. M/S. WALK-IN-FINANCIAL SERVICES LTD., CORPORATE OFFICE, XL/5885, EMIRATES, M.G. ROAD, ERNAKUALM, KOCHI-35, REPRESENTED BY OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, ERNAKULAM. 3. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.ANTONY MUKKATH SRI.K.MONI, OFFICIAL LIQUIDATOR FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.No.344/05 APPENDIX PETITIONER(S)' EXHIBITS Annexure A1. COPY OF THE NOTICE DTD.2.5.2002. Annexure A2. COPY OF THE NOTICE DTD.17.7.02. A3. COPY OF THE REPLY DTD.21.10.02. A4. COPY OF THE COMPLAINT BY THE R1 IN THE JFCM COURT. A5. COPY OF THE LETTER DTD.2.9.02. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== Crl.M.C.No.344/2005 ================== Dated this the 15th day of June, 2011 O R D E R This Crl.M.C is filed by the accused in C.C.No.543/2003 pending before the Judicial First Class Magistrate's Court-I, Kochi, which is a complaint under Section 138 of the Negotiable Instruments Act. The criminal complaint has been posted before this Court since the company, who is one of the parties to the criminal complaint, has been ordered to be wound up by this Court in C.P.No.9/2002. The Official Liquidator representing the company submits that the petitioner in the criminal complaint has already paid the entire amount covered by the dishonoured cheque and, therefore, the Official Liquidator has no more claim in respect thereof, on behalf of the company. In the above circumstances, there is no point in continuing the proceedings in C.C.No.543/2003 pending before the Judicial First Class Magistrate's Court-I, Kochi. Accordingly, the criminal complaint is quashed. The Crl.M.C. is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge