IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Crl.MC.No. 3031 of 2009 ---------------------------------- [CC.NO.458/2008 OF CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA] .................... PETITIONER/ ACCUSED: ----------------------------------- A.JAMAL,AGED 52 YRS,S/O.ALIKUNJU, PALLIPARAMBIL, NEERKUNNAM, VANDANAM. BY ADVS. MR.A.T.ANILKUMAR, SMT.V.SHYLAJA. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MUTHOOT LEASING AND FINANCE LTD. REP.BY ITS ASSISTANT MANAGER BENOY P. 1ST FLOOR ST.ANTONY'S BUILDING,ALLAPPUZHA. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3031 OF 2009 ------------------------------------------ Dated 17th September 2009 O R D E R Petitioner is the accused and second respondent, the complainant in C.C.458/2008 on the file of Chief Judicial Magistrate, Alappuzha. Learned Magistrate has taken cognizance of the offence under Section 138 of Negotiable Instruments Act on Annexure-A complaint filed by second respondent. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A complaint and the cognizance taken, contending that the complaint does not disclose the details of the liability which was allegedly discharged by issuing the dishonoured cheque. Petitioner would also contend that Annexure-C objection filed by second respondent to the application filed for temporary injunction in O.S.61/2009, a suit instituted by the petitioner against second respondent before Munsiff court, Alappuzha shows that the cheque was not issued as alleged in the complaint and therefore, the case is CRMC 3031/09 2 to be quashed. 2. Learned counsel appearing for petitioner was heard. 3. Annexure-A complaint shows the ingredients of the offence. Whether there is evidence to establish the same is a matter to be considered by the learned Magistrate at the time of trial. Based on the affidavit filed in injunction application in a suit instituted by the petitioner, it is not for this court to appreciate the evidence to be adduced in the suit and quash the complaint. Petitioner is entitled to raise all the contentions before the learned Magistrate, a the time of trial. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.