IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Crl.MC.No. 4028 of 2009() ------------------------- ST.830/2009 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER(S): 7TH ACCUSED IN ST.NO.830/09 OF JFCM-III, THRISSUR ---------------------------------------------------------------- B.SRIDHAR, S/O.BALAKRISHNAN, KOUNDANYA HOUSE, POOTHOLE, THRISSUR. BY ADV. SRI.N.K.SUBRAMANIAN RESPONDENT(S): RESPONDENT 1/COMPLAINANT IN S.T.NO.830/09,JFCM-III ----------------------------------------------------------------- 1. T.T.ABRAHAM, S/O.THOMAS, THRAYIL HOUSE, KUTTUR VILLAGE, KOTTEKKAD DESOM, THRISSUR TALUK, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4028 of 2009 -------------------------- ORDER Petitioner is the seventh accused in S.T.No. 830/2009 on the file of Judicial First Class Magistrate's Court-III, Thrissur, taken cognizance for the offence under Section 138 of Negotiable Instruments Act on Annexure-A complaint filed by the first respondent. Case of the first respondent is that he subscribed to the chitty conducted by the first accused firm and towards payment of the amount due to the first respondent, first accused issued cheque dated 31.7.2007 for Rs.66,300/-, drawn in the account maintained by the first accused in Thrissur Branch of Centurion Bank and when the cheque was presented, it was dishonoured for want of sufficient funds and though notice was sent, it was received only by accused 7 and 8 and they failed to pay the amount and accused 2 to 6 are the Directors of the first accused Firm and therefore, all the accused are liable to be punished for the offence under Section 138 of Negotiable Instruments Act. This petition is filed under Section 482 of Code of Criminal Procedure CRMC 4028/09 2 to quash the proceedings against the petitioner contending that though he was the Director of the first accused Firm, he ceased to be a Director with effect from 28.6.2006, evidenced by Annexure-D proceedings of the Registrar of Companies, Tamil Nadu and Annexure-A complaint shows that the dishonoured cheque was issued only on 31.7.2007, subsequent to the date on which petitioner ceased to be a Director and hence, petitioner cannot be prosecuted even with the aid of Section 141 of Negotiable Instruments Act. 2. Though notice was sent to the first respondent and it was served on the counsel appearing for the first respondent before the learned Magistrate, he did not appear. 3. Petitioner had earlier filed Crl.M.C.Nos. 2751/2008, 4014/2008, 4015/2008, 4074/2008, 4075/2008, 131/2009, 583/2009, 1039/2009, 1040/2009, 1052/2009, 1297/2009 and 1308/2009 to quash similar cases pending against him on the contention that he is not responsible to the dishonoured cheques issued by the first accused Company. By Annexure-E order dated 7.8.2009 this Court quashed those cases against the CRMC 4028/09 3 petitioner finding that petitioner ceased to be a Director of the Company with effect from 28.6.2006. 4. Annexure-A complaint shows that the dishonoured cheque was issued only on 31.7.2007. It was presented for encashment on 28.1.2008 and thereafter notice was sent demanding the amount. Therefore, as petitioner ceased to be a Director of the first accused Company with effect from 28.6.2006, much before the issuance of the dishonoured cheque involved in the case, he cannot be prosecuted for the offence under Section 138 of Negotiable Instruments Act. Petition is allowed. C.C.No.830/2009 on the file of Judicial First Class Magistrate's Court-III, Thrissur against the petitioner/seventh accused is quashed. 7th April, 2010 (M.Sasidharan Nambiar, Judge) tkv