IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 Crl.MC.No. 1177 of 2008() ------------------------- S.T.NO.1373/2003 OF J.F.C.M, VAIKOM PETITIONER: --------------------- LEANS EXPORT, THIRUVANANTHAPURAM, REP. BY ITS PROPRIETOR, XAVIER D'CRUZ, VALIYATHURA, H.NO.44/614, TRIVANDRUM. BY ADV. SRI.P.BABU KUMAR RESPONDENTS: 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. M/S.JOSE REFRIGERATION, KADUTHURUTHY REP. BY ITS PROPRIETOR, JOSE S/O.KORAH, KADUTHURUTHY P.O., KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1177 of 2008 = = = = = = = = = = = = = = Dated this the 17th day of March, 2008 ORDER The petitioner, who is the accused in S.T.No. 1337/2003 on the file of the J.F.C.M, Vaikom for offences punishable under Section 420 IPC and section 138 of the Negotiable Instruments Act, 1881, seeks to quash Annexure A1 complaint filed by the 2nd respondent herein on the ground that the transaction was subsequently settled and that the offence under Section 138 of the Negotiable Instruments Act is not attracted and since the substantial portion of the amount had been paid, the offence under Section 420 IPC also is not attracted. These all are matters which the petitioner can profitably raise before the Magistrate before the particulars of offence are read over to him. 2. Admittedly, the particulars of the offence have not been read over to the accused by the learned Magistrate. It is too early to accept the contentions of the petitioner by this Court, unaided by any of the materials relevant for consideration. In the light of the decision in Dr. Kamala Rajaram v. State of Kerala (2005(3) KLT 617, the Magistrate has the power to drop or discontinue the Crl.M.C.No.1177 of 2008 2 proceedings, before the particulars of offences have been read over to the accused. 3. In case the petitioner surrenders before the Magistrate and files an application for bail within two weeks from today, he shall be released on bail on appropriate conditions. The petitioner is permitted to file an application for dropping of proceedings in absentia and the said petition shall be disposed of without insisting on the personal appearance of the petitioner. Hence, without prejudice to the right of the petitioner to plead for dropping of the proceedings under Section 251 read with 258 Cr.P.C, as was held in Dr.Kamala Rajaram v. State of Kerala (2005(3)KLT 617, this Crl.M.C is disposed of. V. RAMKUMAR, JUDGE sj