IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Crl.MC.No. 4225 of 2010 () ------------------------- ( CC.926/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR) .................... PETITIONER/ACCUSED ------------------------------------ JAYALAL.J, S/O.G.R.JAYADEVAN, AGED 43 YEARS, JAYAPURAM, PERINGANADU.P.O, ADOOR, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.S.ABHILASH SRI.S.SUDHEESHKAR SRI. SIJU KAMMMALASANAN RESPONDENTS/STATE -------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. SATHYADEVAN, SATHYANIKETHAN, MELOODU.P.O, ADOOR, PATHANAMTHITTA DISTRICT 691523. BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4225 OF 2010 --------------------------------------------- Dated 18th October, 2010 O R D E R Petitioner, the accused in C.C.926/2010 on the file of Judicial First Class Magistrate's Court, Adoor taken cognizance for the offence under Section 138 of Negotiable Instruments Act on Annexure-1 complaint filed by second respondent, filed this petition to quash the proceedings under Section 482 of Code of Criminal Procedure. 2. Learned counsel appearing for the petitioner was heard. 3. Argument of the learned counsel is that Annexure-1 complaint does not disclose that towards discharge of which debt the dishonoured cheque was issued and Annexure-2 notice demanding the amount covered by the Crmc 4225/10 2 dishonoured cheque, show that payment of the amount covered by the dishonoured cheque was demanded within fifteen days of the notice and therefore, it is not a notice as provided under Section 138(b) of Negotiable Instruments Act. 4. On hearing the learned counsel, I cannot accept the submission that complaint is to be quashed on any of the grounds. Learned counsel submitted that petitioner may be permitted to raise the contentions before the learned Magistrate. Petition is dismissed with liberty to the petitioner to raise all the contentions before the learned Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.