IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 1007 of 2008() ------------------------- CC.1259/2001 OF JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR. .................... PETITIONERS/ ACCUSED 3 AND 4: ------------------------------------------------- 1. T.P.PARAMESWARAN, AGED 55 YEARS, 29/199, SHORNUR ROAD, THRISSUR, DIRECTOR, M/S. SREE POORNA ROLLER FLOOR MILLS (P) LTD., P.B.NO.810, 17/56, PUTHOL, THRISSUR. 2. P.K.GEETHA, 29/199, SHORNUR ROAD, THRISSUR, DIRECTOR, M/S. SREE POORNA ROLLER FLOOR MILLS (P) LTD., P.B.NO.810, 17/56, PUTHOL, THRISSUR. BY ADV. SRI.M.T.BALAN, ADV. SMT.B.VIJUBALA. RESPONDENTS/ STATE & COMPLAINANT AND ACCUSED 1 AND 2: ----------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PHARMA KURIES PVT. LTD., PUTHOOR BUILDING, BROTHERS LINE, THRISSUR TOWN, REP.BY ITS MANAGING DIRECTOR, SEBASTIAN THOMAS, S/O. THOMAS, PUTHUR HOUSE, PARAPPUR DESOM, THOLUR VILLAGE,THRISSUR TALUK THROUGH EMPLOYEE AND POWER OF ATTORNEY C.K.VARGHESE,S/O.CHUNKATH KOCHU DEVASSI, MANALUR VILLAGE,THRISSUR TALUK. 3. M/S. SREE POORNA ROLLER FLOOR MILLS (P) LTD., P.B.NO.810, 17/56, PUTHOL, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, T.P.VISWANATHAN. 4. T.P.VISWANATHAN, MANAGING DIRECTOR, M/S. SREE POORNA ROLLER FLOOR MILLS (P) LTD., P.B.NO.810, 17/56, PUTHOL, THRISSUR. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB, R2 BY ADV. SRI.DILIP J. AKKARA. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/11/2008, ALONG WITH CRL.MC NO.1106/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J ------------------------------------ Crl.M.C. Nos.1007, 1106, 1107, 1108, 1121 and 1126 of 2008 ------------------------------------- Dated this the 10th day of November, 2008 ORDER The common petitioners are accused 3 and 4 in 6 prosecutions all pending, under Section 138 of the Negotiable Instruments Act and initiated against them by the same complainant. It is submitted that cognizance has been taken in all these cases as early as in 2001. In 4 cases, trial has commenced and the matter is pending at the stage of defence evidence. It is also brought to the notice of this Court that an application had been filed by the accused to forward the cheque to the expert. That application was dismissed. The petitioners had come to this Court. This Court had rejected the challenge and it is at this fag end that these petitions have been filed by the petitioners. 2. The crux of the prayer is to quash the proceedings invoking the extraordinary inherent jurisdiction under Section 482 Cr.P.C on the short ground that sufficient averments are not there to attract culpable liability under Section 138 r/w 141 of the Negotiable Instruments Act as insisted by the S.M.S Pharmaceuticals Ltd. v. Neeta Bhalla [2005(4) KLT 209 (S.C)]. Crl.M.C. Nos.1007, 1106, 1107, 1108, 1121 and 1126 of 2008 2 3. Notice was given. The respondent/claimant has entered appearance. He opposes the application vehemently. He submits that sufficient averments have been raised in para.3 of the complaint to the effect that the culpable act has been committed with the knowledge, consent and connivance of the petitioners herein. At any rate, considering the stage of the proceedings and the sequence of events that have taken place in this case this is not a fit case to invoke the extraordinary inherent jurisdiction under Section 482 Cr.P.C, submits the learned counsel for the complainant. 4. Having considered all the relevant inputs including the fact that the prosecution has been pending from 2001 and that the trial has already commenced and has reached the stage of defence evidence, I am satisfied that it is not necessary at this stage to invoke the jurisdiction under Section 482 Cr.P.C. 5. In the result: i) These Crl.M.Cs are dismissed; ii) The learned Magistrate shall ensure that these prosecutions are disposed of in accordance with law as expeditiously as possible. (R.BASANT, JUDGE) rtr/-