IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 Crl.MC.No. 310 of 2005() ------------------------ CC.300/2000 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER(S): ACCUSED: ------------------------------------------ K.R.REJNITH, KUZHIKKATTIL VEEDU, AZHOOR, PATHANAMTHITTA. BY ADV. SRI.SURESH JOSE RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. M.ARIF, 15, S.V.V. NAIDU STREET, POLLACHI, COIMBATOORE DISTRICT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.310 of 2005 -------------------------------------- Dated this the 30th day of May, 2011. ORDER Petitioner is accused in C.C.No.300 of 2000 of the court of learned Chief Judicial Magistrate, Pathanamthitta for offence punishable under Section 138 of the Negotiable Instruments Act, arising from a complaint preferred by the first respondent alleging that petitioner borrowed Rs.50,000/- from him and issued Annexure-B, cheque which was dishonoured for insufficiency of funds. Cognizance taken against petitioner is under challenge contending that in Annexure-C, memo reason for dishonour of the cheque is stated as ‘signature differs’. 2. In paragraph 2 of the complaint it is alleged that the dishonour was for insufficiency of funds. In Annexure-C it is noted that dishonour was for insufficiency of funds and as signature differs. 3. This Criminal Miscellaneous Case was filed on 19.01.2005 and it came up for hearing on 09.02.2005. On that day counsel was absent and hence it was directed that the case be taken up when moved again. Thereafter, this case is coming up for hearing today for the first time. There is no representation for the petitioner. Hence this Criminal Miscellaneous Case is dismissed. THOMAS P.JOSEPH, Judge. cks