IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Crl.MC.No. 2299 of 2009() ----------------------------------------- (IN SUMMARY TRIAL NO.1060 OF 2006 (A) OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOCHI) PETITIONER(S): A1 & A2: --------------------------------------- 1. POONOLIL RICE & FOODS PRIVATE LIMITED, ERUMATHALA, ALUVA, ERNAKULAM DISTRICT, REPRESENTED BY MANAGING DIRECTOR MR.P.P.JOHNSON. 2. P.P.JOHNSON, MANAGING DIRECTOR, M/S.POONOOLIL RICE & FOODS PRIVATE LIMITED, ERUMATHALA, ALUVA, ERNAKULAM DISTRICT, RESIDING AT POONOLIL HOUSE, TANNIPUZHA, OKKAL (P.O.), KALADY, ERNAKULAM DISTRICT. BY ADVS.MR.SHAJI CHIRAYATH, SMT.JIJI M. VARKEY RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM DITRICT, PIN-682 020, REPRESENTED BY ITS MRS.R.P.MARY, ADDITIONAL GENERAL MANAGER OF (COMMERCE). 2. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO R2 BY PUBLIC PROSECUTOR MR. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2009 ALONG WITH CRMC NO. 2301 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2299 & 2301 OF 2009 =========================== Dated this the 20th day of July,2009 ORDER Petitioners are the accused in S.T.955/2006 and S.T.1060/2006 on the file of Judicial First Class Magistrate Court, Kochi. Respondent is the complainant before the learned Magistrate. Learned Magistrate took cognizance of the offence under section 138 of Negotiable Instruments Act respectively on Annexure A1 complaint filed by the first respondent. These petitions are filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that the dishonour of the cheque was consequent to the freezing of the entire bank account of the petitioners with M/s.Catholic Syrian Bank and therefore the offence under section 138 of Negotiable Instruments Act is not attracted. 2. These petitions are filed to quash the cases pending before the learned Magistrate invoking the extra ordinary jurisdiction of this court at a very belated stage. The proceedings were pending before the learned Magistrate from 2006 onwards. The question Crl.M.C.2299 & 2301 of 2009 2 whether there was a freezing of the bank account as claimed by the petitioners and if so whether an offence under section 138 of Negotiable Instruments Act is attracted are disputed facts which cannot be decided in a petition filed under section 482 of the Code of Criminal Procedure. Petitioners are entitled to raise all these contentions before the learned Magistrate and contend that the offence under section 138 of Negotiable Instruments Act is not attracted. In any case at this belated stage, it is not for this court to decide the question . Petitions are dismissed with liberty to the petitioners to canvass all the grounds taken in the petitions before the learned Magistrate. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006