IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Crl.MC.No. 2859 of 2009(D) -------------------------------------- ST.NO.665/2009 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY. .................... PETITIONER/4TH ACCUSED IN S.T.C 665/09 OF JFCM, THALASSERY: -------------------------------------------------------------------------------------------------- B.SRIDHAR, S/O. BALAKRISHNAN, 'KOUNDANYA HOUSE', POOTHOLE, THRISSUR. BY ADVS. MR.N.K.SUBRAMANIAN, MR.S.ANANTHAKRISHNAN. RESPONDENT NO.1/COMPLAINANT IN S.T.C.NO.665/09, JFCM, THALASSERY/ RESPONDENT NO.2/NOT A PARTY: --------------------------------------------------------------------------------------------------------------- 1. GEETHA RAJAGOPAL, W/O. A.C.RAJAGOPAL, RAJPURAM, P.O.ERUVATY, THALASSERY TALUK, KANNUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR. K.J. MUHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/11/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 2859/2009-D: ORDER ON CRL.M.APPL. NO.4862/2009 IN CRL.M.C.NO.2859/2009-D DISMISSED 10/11/2009. SD/- M.SASIDHARAN NAMBIAR, JUDGE. //TRUE COPY// P.S. TO JUDGE. Prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2859 OF 2009 =========================== Dated this the 10th day of November,2009 ORDER Petitioner is the fourth accused in S.T.665/2009 on the file of Judicial First Class Magistrate Court, Thalassery taken cognizance for the offence under section 138 of Negotiable Instruments Act on Annexure A complaint filed by first respondent. As per Annexure A complaint, petitioner is liable for the offence under section 138 of Negotiable Instruments Act as he is also one of the Directors of the Company. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings, as against the petitioner contending that the dishonoured cheques in the case were issued respectively on 10.11.08, 16.10.08, 11.12.08, 19.12.08 and 22.12.08 and petitioner ceased to be a Director of the Company with effect from 28.6.2006 as found by this court in Annexure E order and in view of Annexure E order, the proceedings as against the petitioner is to be quashed. 2. Though notice was ordered to the first respondent and it was served, she did not appear. Crl.M.C.2859/2009 2 3. Learned counsel appearing for the petitioner was heard. 4. An identical question was considered by this court in Annexure E order in Crl.M.C.1039/2009 and connected cases. It was found that petitioner ceased to be a Director of the Company from 28.6.2006. In this case the dishonoured cheques were issued subsequent to 28.6.2006, the date on which petitioner resigned as Director of the Company. By Annexure E order, similar proceedings as against the petitioner were quashed, for the reason that petitioner ceased to be a Director of the Company with effect from 28.6.2006. When the cheques were issued and dishonoured and payments were demanded, petitioner was not a Director of the Company. Hence he cannot be held liable for issuance of the cheque or its dishonour or for non payment of the amount when demanded. In such circumstances, continuation of the proceedings as against the petitioner is only an abuse of process of the court. Petition is allowed. S.T.No.665/2009 on the file of Judicial First Class Magistrate Court as against the petitioner the fourth accused is quashed. M.SASIDHARAN NAMBIAR JUDGE Crl.M.C.2859/2009 3 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006