IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Crl.MC.No. 2767 of 2010() -------------------------------------- CC.2565/2006 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER(S): 2ND ACCUSED ------------------------------------------- N.X.THOMAS, S/O. XAVIER, BUSINESS, INDIA WATCH COMPANY, MAIN BAZAR, NEYVELI, TAMIL NADU. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.2767 OF 2010 --------------------------------------------- Dated 6th September, 2010 O R D E R Petitioner is the second accused in C.C.2565/2006 on the file of Judicial First Class Magistrate's Court-II, Kochi, taken cognizance for the offences under Sections 465, 468, 471, 420 and 120 B read with Section 34 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that complaint was filed subsequent to Annexure-II judgment in O.S.71/2005 on the file of Sub Court, Kochi and the said judgment is now being challenged in appeal and hence cognizance should not have been taken without conducting an enquiry under Crmc 2767/10 2 Section 340 of Code of Criminal Procedure. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Fact that Annexure-II judgment is challenged in appeal is not a ground to quash the cognizance taken by the learned Magistrate. Petitioner is at liberty to raise all the contentions raised herein before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure, if charge is not so far framed. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.