IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Crl.MC.No. 3322 of 2006() ------------------------- S.T.NO.3836/05 OF J.F.C.M-III, THRISSUR PETITIONER(S): ACCUSED ---------------------- V.P.ANILKUMAR, AGED 44 YEARS, SON OF SRI.Y.U.PARAMESWARAN (SINDHU COTTAGE), PERINJIRAYIL HOUSE, EROOR WEST, TRIPUNITHURA-682 306. BY ADV. SRI.S.M.PREM RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MANAPPURAM GENERAL FINANCE & LEASING LIMITED, MANAPPURAM HOUSE, VALAPPAD P.O., THRISSUR DIST., REP. BY MR.A.U.UNNIKRISHNAN, THE JUNIOR ACCOUNTANT TO THE COMPANY, AGED 37 YEARS. ADV. SRI.P.K.MANOMOHANAN FOR R2 PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3322 of 2006 ---------------------------------------- Dated this the 3rd day of November 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 138 of the Negotiable Instruments Act. According to the petitioner, the cheque is issued for the due discharge of any legally enforcible debt or liability; but issued only as a security when the parties had entered into a hire purchase transaction. It is prayed that the prosecution may be quashed. At the stage of hearing the learned counsel for the petitioner is unable to explain how that contention raised by the petitioner - justifies the quashing of proceedings under Section 482 Cr.P.C. The learned counsel for the petitioner only prays that there may be a direction that the petitioner can raise that contention before the learned Magistrate at the appropriate stage. 2. No observation or direction is necessary to facilitate the raising of such contention before the learned Magistrate by the petitioner. The petitioner, in law, can raise all his contentions before the learned Magistrate in a prosecution Crl.M.C.No.3322/08 2 under Section 138 of the Negotiable Instruments Act which is initiated against him. 3. No further, specific or special directions appear to be necessary. 4. In the result, this Crl.M.C is dismissed with the above observations. (R.BASANT, JUDGE) jsr Crl.M.C.No.3322/08 3 Crl.M.C.No.3322/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008