IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 19TH JULY 2007 / 29TH ASHADHA 1929 Crl.MC.No. 7171 of 2002(B) -------------------------------- CC.884/1998 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: 3ND ACCUSED --------------- MR.SREEDHARA MENON, DOOR NO.XXI/43, SREENILAYAM, PANDIKASALAPARAMBU, THRIPUNITHURA, ERNAKULAM. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENTS: COMPLAINANT/ 1ST ACCUSED ------------------ 1. MR.T.K.BAIJU, PUTHOORAM VEEDU, PUNITHURA, ERNAKULAM DISTRICT. 2. MR.SIVAPRAKASH S., S/O.SREEDHARA MENON, DOOR NO.XXI/43, SREENILAYAM,PANDIKASALAPARAMBU, THRIPUNITHURA, ERNAKULAM. BY ADV. SRI.A.BALAGOPALAN SRI.PRAKASH P.GEORGE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC. NO.7171/2002 ORDER ON CRL.MP. 5522/2002 IN CRL.MC.7171/2002 DISMISSED 19.07.2007 SD/- K.R.UDAYABHANU, JUDGE /TRUE COPY/ P.A. TO JUDGE tss K.R.UDAYABHANU, J ------------------------------------------- Crl.M.C.No.7171 of 2002 ------------------------------------------- Dated this the 19th day of July, 2007 O R D E R The petitioner who is the second accused in C.C.No.884/98 in the file of Additional CJM, Ernakulam with respect to the offence under Section 138 of the Negotiable Instruments Act has sought for getting quashed the proceedings against him as he is not at all involved in the alleged occurrence. 2. Annexure 1 is the copy of the complaint. It can be seen that it is A1, the son of the petitioner, who has allegedly executed the cheque which was dishonoured for want of funds in the account of the accused. The petitioner/second accused having not executed the cheque evidently cannot be implicated for the offence under Section 138 of the Negotiable Instruments Act. Hence, the proceedings initiated against the second accused in C.C.No.884/98 is herewith quashed. The Crl.M.C. is allowed. K.R.UDAYABHANU, JUDGE csl K.R.UDAYABHANU, J Crl.A.No.216/2001 JUDGMENT 17th July 2007