IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1235 of 2011() ------------------------- ST.7946/2010 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- P.S.ABRAHAM,AGED 38,S/O.P.V.ZACHARIAH, KOKKAPARAMBIL HOUSE,UTI CHIEF FINANCIAL ADVISOR, PADIJARE NADA,M.C.ROAD,CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.ABRAHAM SAMSON SMT.LOVELY SAMSON RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. THE STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,KOCHI-31. 2. M.V.SELVARAJ,S/O.VELAYUDHAN,AGED 42 YEARS,AKRAPALLIL HOUSE,VAYDHYARANGADI PO, RAMANATTUKARA VILLAGE,KOZHIKODE 673 633. PUBLIC PROSECUTOR SHRI K.J.MOHAMED ANZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1235 of 2011 -------------------------------------- Dated this the 12th day of April, 2011. ORDER Petitioner is accused in S.T.No.7946 of 2010 of the court of learned Judicial First Class Magistrate-II (Mobile), Kozhikode for offence punishable under Section 138 of the Negotiable Instruments Act. That case was initiated on Annexure-A1, complaint filed by respondent No.2. Petitioner seeks to quash proceeding against him on the contention that the cheque was drawn not on the account maintained by him but on the account maintained by one K.N.Thomas. I have heard learned counsel for petitioner and the learned Public Prosecutor. I have also perused Annexure-A1, complaint. 2. In paragraph No.2 of Annexure-A1, complaint it is stated that petitioner borrowed `.30,000/- from respondent No.2 and for the discharge of the said debt he issued cheque to respondent No.2 for the said amount and drawn on Dhanalakshmi Bank, Thiruvalla Branch. 3. The question whether the cheque was drawn by petitioner and if so, on the account maintained by him with the drawee bank are matters which the trial court has to decide . The same being disputed questions of fact are not required to be adjudicated in a proceeding under Section 482 of the Code of Criminal Procedure. Hence the request of petitioner in this Proceeding cannot be entertained. Crl.MC No.1235/2011 2 Without prejudice to the right of petitioner to take appropriate defence before the trial court, this Criminal Miscellaneous Case is closed. THOMAS P.JOSEPH, Judge. cks