IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 OP.No. 38316 of 2001(J) ------------------------------ PETITIONER(S): ----------------------- K.G.UDAYAKUMAR,PROPRIETOR, ANAGHA SILKS & SAREES, MAIN ROAD, TRIPUNITHURA - 682 301, KOCHI. BY ADV. SMT.K.A.ANGEL TREENA SMT.ARLISS TRENCY ANTONY RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP.BY THE CHIEF SECRETARY, TRIVANDRUM. 2. M/S.BANARAS SAREE CENTRE, CARRYING ON ITS BUSINESS AT D 31/358, MADANPURA VARANASI, REP.BY ITS PARTNER MR. RASHEED JAMAL, S/O.MUHAMMED YUNUSH, RESIDING AT D31/358, MADANPURA, VARANASSI. 3. M/S.BANARAS SAREE CENTRE, 27/169, ALAPPATT CROSS ROAD, RAVIPURAM, KOCHI-682015, REP.BY ITS PARTNER MR.KHALID JAMAL. ADV. SRI.R.S.KALKURA FOR R2,3 GOVERNMENT PLEADER MR.ARAVIND KUMAR BABU T.K THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN,J. =============== O.P.NO.38316 OF 2001 =================== Dated this the 23rd day of November ,2009. JUDGMENT This original petition is filed by the accused in C.C.No.1072 of 1998 before the Vth Additional Chief Judicial Magistrate's Court,Varanasi, for quashing Ext.P1 complaint filed by the 2nd respondent alleging that the cheque issued by the petitioner to them has been dishonored. Initially an order of stay for two months was granted on 14.1.2003. The same was not subsequently extended. That being so, the proceedings initiated as per Ext.P1 complaint would have been concluded now. Even otherwise since Ext.P1 discloses an offence under Section 138 of the Negotiable Instruments Act, there is no merit in the challenge against the same, and it is for the petitioner to defend the same appropriately without prejudice to the right of the petitioner to defend himself in the C.C. taking up all contentions available to him. Accordingly the original petition is dismissed. S.SIRI JAGAN, JUDGE. mns