IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Crl.MC.No. 639 of 2008() ------------------------ CC.1574/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER: ACCUSED ----------------------------------- RADHAKRISHNA PILLAI, AGED 40, S/O. JANARDHANA PILLAI, RADHAKRISHNA MANDIRAM, ELAMKULAM, KALLUVATHUKKAL, KOLLAM. BY ADV. SRI.M.TRIPTEN RESPONDENTS: COMPLAINANT & STATE ------------------------------------------------------------------- 1. SHRIRAM INVESTMENTS LTD., NAZEEMA COMPLEX, HOSPITAL ROAD, KOLLAM, REPRESENTED BY ITS AUTHORIZED OFFICER, B.S.VINOD KUMAR, S/O. G.BALAKRISHNA PILLAI. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.639 of 2008 = = = = = = = = = = = = = = Dated this the 21st day of February, 2008 ORDER The petitioner, who is the sole accused in Annexure A private complaint filed by the 1st respondent herein, which has been taken cognizance by the J.F.C.M-I, Kollam as C.C.No.1574 of 2006 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, seeks to quash the proceedings before the said court. 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 Kamala Rajaram v. State of Kerala (2005(3)KLT 617, the Magistrate has the power to drop or discontinue the proceedings, before the particulars of offences have been read over to the accused. 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 Kamala Rajaram v. State of Kerala (2005(3)KLT 617, this Crl.M.C is dismissed. V. RAMKUMAR, JUDGE sj