IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Crl.MC.No. 415 of 2008() ------------------------ ST.1458/2006 of SPECIAL JUDL.IST CLASS MAGISTRATE COURT(MARAD CASES) KOZHIKODE .................... PETITIONER: ACCUSED ------------------- SHAMSUDHEEN, S/O.MOHAMMED, MANADATH PARAMB, KANNANCHERI L.P.SCHOOL, P.O.KALLAI, CALICUT-673 004. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. PARASMAL LUNAWAT, S/O.PADAMCHAND JAIN, PROPRIETOR, DOLPHIN FINANCIAL SERVICES, EKP COMPLEX, OPPOSITE PAICO, KALLAI ROAD, CALICUT, REPRESENTED BY POWER OF ATTORNEY HOLDER K.GIRISHAN, S/O.BHASKARAN, AGED 50 YEARS, "GREENS" NEAR WATER TANK,PUTHIYARA P.O.,CALICUT. 2. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR,J. ========================= CRL.MC.NO.415 OF 2008 ========================= Dated this the 8th day of February 2008 ORDER In this petition filed under Section 482 Cr.P.C., the petitioner who is the accused in S.T.1458/2006 on the file of the Special Judicial First Class Magistrate (Marad Cases), Kozhikode, in respect of a cheque for a sum of Rs.5,35,864/= seeks to quash the proceedings before the Magistrate. 2. It is too early to accept the petitioner's contention that Annexure-I private complaint does not disclose an offence punishable under Section 138 of the Negotiable Instruments Act. The petitioner is suffering from Hypertension. This Crl.M.C. is, accordingly, disposed of permitting the petitioner to surrender before the Magistrate within two weeks from today. In case the petitioner so surrenders and files an application for regular bail, he shall be released on bail on appropriate conditions. Personal appearance of the petitioner need not be insisted by the Magistrate except it is inevitable during the trial of the case. V.RAMKUMAR, JUDGE css/