IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 Crl.MC.No. 1572 of 2007() ------------------------- ST.943/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT III, KOCHI .................... PETITIONER(S): ------------------------- MRS.IRINE KUNJUMON, W/O.K.T.KUNJUMON, AGED 55 YEARS, KOCHUVEETTIL HOUSE, NETHAJI ROAD, PALARIVATTOM, KOCHI-24. BY ADV. SRI.K.ANAND RESPONDENT(S): --------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. LEELAMMA JOHN, W/O.LATE JOHN L. THOPPIL, THOPPIL HOUSE, VADAYAMPADI, PUTHENCRUZE-682 308. R1 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1572 of 2007 -------------------------------------- Dated this the 30th day of May, 2011. ORDER Petitioner is accused in S.T.No.943 of 2006 of the court of learned Judicial First Class Magistrate-III, Kochi for offence punishable under Section 138 of the Negotiable Instruments Act. According to the petitioner, he has not issued any cheque and hence no offence is involved. 2. This case came up for hearing last on 18.05.2007. It was directed that the case be posted when moved again. It is after four years that this matter is again brought before the court. In Annexure-A, complaint there is an allegation that the cheque was issued for a legally enforceable debt on 15.01.2006, notice of dishonour was given to the petitioner on 03.02.2006, it was served on petitioner and that petitioner gave a reply on 24.02.2006. Question whether petitioner has issued a cheque and if so, it is for a legally enforceable debt are matters which the trial court has to decide. Resultantly leaving it to the petitioner to take up all appropriate defence (if the case – S.T.No.943 of 2006 of the court of learned Judicial First Class Magistrate-III, Kochi is still pending) this Criminal Miscellaneous Case is dismissed. THOMAS P.JOSEPH, Judge. cks