IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Crl.MC.No. 2643 of 2009() ------------------------- AGAINST THE ORDER IN LPC 102/2003 IN CC.191/1998 of JUDICIAL FIRST CLASS MAGISTRATE COURT I, TRIVANDRUM .................... PETITIONER(S): ACCUSED: ----------------------------------------- HANEEFA H.,S/O.ALI, HAJIYARAKATHU HOUSE, ALUNGAL BEACH, CHETTIPPADY POST, MALAPPURAM DISTRICT. BY ADV. MR.K.P.SUDHEER RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE KERALA STATE WOMEN'S DEVELOPMENT CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, K.V. TOWERS, MARAPPALAM, PATTOM POST, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2643 of 2009 -------------------------- ORDER Petitioner is the accused in C.C.No.191/1998 on the file of Judicial First Class Magistrate's Court-I, Thiruvananthapuram, now pending as L.P.No. 102/2003. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A1 complaint filed by the second respondent alleging that petitioner committed offence under Section 138 of Negotiable Instruments Act. Case of the petitioner is that learned Magistrate has no jurisdiction to take cognizance of the offence and the dishonoured cheque was not issued by him towards discharge of any debt and therefore, no offence under Section 138 of Negotiable Instruments Act was committed. 2. These are all matters to be decided by the Magistrate on trial. If Annexure-A1 complaint is accepted, it cannot be said that ingredients of the CRMC 2643/09 2 offence is not made out. Hence, complaint cannot be quashed. Learned counsel appearing for the petitioner then submitted that as non bailable warrant is pending, if petitioner surrenders, Magistrate will not release him on bail. I do not believe that the accused, who is facing trial for an offence under Section 138 of Negotiable Instruments Act, will not be granted bail by the Magistrate when he surrenders. 3. When an absconding accused surrenders and files an application for bail, Magistrate is expected to pass orders on the application without delay. I do not believe that Magistrate is unaware of the provisions of law or the decisions of this Court or the Apex Court or that Magistrate will not act in accordance with law. In such circumstances, no direction is warranted. Petition is disposed. 13th August, 2009 (M.Sasidharan Nambiar, Judge) tkv