IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, 4TH DECEMBER , 2007//13TH AGRAHAYANA, 1929 Crl.MC.No. 1776 of 2003() ------------------------- PETITIONER: ACCUSED -------------------------------- ANIL RAJ.S., S/O.SUSEELAN, AGED 42 YEARS, THUNDIL VEEDU, KUTTMOODU, KALLARA P.O., VAMANAPURAM, KERALA. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN RESPONDENTS: ACCUSED AND STATE ------------------------------ 1. M/S.INTEGRATED FINANCE COMPANY LTD, TRIVANDRUM BRANCH, KARIMPANAL STATUE AVENUE, STATUE, TRIVANDRUM REPRESENTED BY ITS EXECUTIVE ASSISTANT SRI.D.RAVI KUMAR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJETH ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.P.2028/2003 IN CRL.M.C.1776/2003 DISMISSED. 4/12/2007. SD/- A.K. BASHEER, JUDGE. A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C No. 1776 of 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2007. ORDER Having heard learned counsel for the petitioner and having perused the materials on record, I do not find any reason to retain this Crl.M.C filed under section 482 of the Code of Criminal Procedure on the file of this Court any more. The grievance of the petitioner appears to be that the statutory notice issued to him prior to the launching of the prosecution under Section 138 of the Negotiable Instruments Act was not served on him. But it is seen admitted by the petitioner that he was not available in India. Petitioner does not have a case that the notice was not sent in his correct address. The endorsement made by the postman on the cover, even according to the petitioner, was that the “addressee left India”. Therefore the contention raised by the petitioner that there was no proper notice does not appear to be, prima facie, sustainable. Anyhow, I make no observation on the above aspect, since in my view the petitioner has to raise all his contentions before the court below. The petitioner shall appear before the court below on January 15, 2008 and defend his case. If the petitioner appears before the court below on that day, the non bailable warrant which is stated to be pending against him shall be withdrawn and his application for bail shall be considered on the same day itself. A.K. Basheer Judge. an.