IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Crl.MC.No. 3234 of 2008() ------------------------- CC.146/2008 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... PETITIONER: ACCUSED ------------------------- SABI MOL, W/O. NOUFAL, PULAVATH HOUSE, KANDANTHARA, ALLAPRA.P.O, PERUMBAVOOR. BY ADV. SRI.M.M.SAIDU MUHAMMED RESPONDENTS: ----------------- 1. SHAJI.S, S/O. DIVAKARAN, VALIYAPURAKKAL HOUSE, POOPPANI, PERUMBAVOOR. 2. THE MANAGER, FEDERAL BANK LTD., PERUMBAVOOR. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R3BY PUBLIC PROSECUTOR, SRI.AMJAD ALI R1 BY ADV. SRI.N.C.MOHANAN SMT.REKHA C.NAIR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3234 OF 2008 ----------------------------------------------- Dated this the 6th day of October, 2008 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. She has come to this Court now with this petition under Section 482 Cr.P.C complaining that she is not the account holder in respect of the cheque which is the subject matter of this prosecution. The learned counsel for the petitioner contends that, a prosecution under Section 138 of the NI Act lies only against a person for a cheque issued by him on an account maintained by him with the bank. In the instant case the petitioner is not maintaining the account in question. In these circumstances continuance of the prosecution is without any merit or purpose. The same may be quashed, it is prayed. 2. Notice was given to the respondent/complainant. The learned counsel for the respondent now submits that a fraud has been played on the complainant and the complainant now realizes that prosecution under Section 138 of the NI Act would not lie, though the complainant is not without remedy. The complainant Crl.M.C. No. 3234 OF 2008 2 may be granted liberty to proceed against the accused/ petitioner herein for other offences committed by her in respect of the prosecution and without prejudice to such rights of the complainant, this prosecution under Section 138 of the Negotiable Instruments Act can now be reckoned as withdrawn and quashed. I accept the said submissions of the learned counsel for the respondent. The prosecution against the petitioner for the offence under Section 138 of the Negotiable Instruments Act is hereby quashed, accepting the submission of the counsel for the respondent that the same can be reckoned as withdrawn without prejudice to all rights which the complainant has to prosecute the petitioner for other offences, if any, which she has committed in respect of the transaction in question. This petition is accordingly allowed. CC No.146/08 pending before the JFMC Perumbavoor against the petitioner herein under Section 138 of the Negotiable Instruments Act is quashed with the above observation. R. BASANT, JUDGE ttb Crl.M.C. No. 3234 OF 2008 3 Crl.M.C. No. 3234 OF 2008 4