IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 Crl.MC.No. 4705 of 2008() ------------------------ S.T.C. NO. 547/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY ................................. PETITIONER / ACCUSED: ------------------------------------ NELSAMON C.L., S/O. LONA, CHIRAYATH HOUSE, ANTHIKKAD P.O., THRISSUR DISTRICT, PIN 600 641. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): ------------------------ 1. V.PRADEEPAN, S/O. KUMARAN, AGED 31 YEARS, KOONERI PARAMBATH HOUSE, POST PINARAYI - 670 741, THALASSERY TALUK. 2. STATE OF KERALA, REP. BY STATION HOUSE OFFICER, PAYYOLI POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.DIST. R1 BY ADV. SRI. C.P. PEETHAMBARN R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/12/2010, ALONG WITH CRMC NO. 4709/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. ---------------------------------- Crl.M.C. Nos.4705 & 4709 of 2008 -------------------------------------------- Dated this the 14th day of December, 2010 ORDER Petitioner is accused in S.T.C.No. 547/2008 on the file of Judicial First Class Magistrate Court, Thalassery and S.T.C.No. 112/2008 on the file of Judicial First Class Magistrate Court, Payyoli, taken cognizance for the offence punishable under Section 138 N.I. Act, on a complaint filed by the respective first respondent. Petitions are filed under Section 482 of the Code of Criminal Procedure to quash the cognizance taken as well as the complaint alleging that the dishonoured cheques were not issued by the petitioner in discharge of any debt and they were stolen cheques and therefore, an offence under Section 138 N.I. Act is not attracted. Petitioner also contended that he had filed a complaint before the Judicial First Class Magstrate Court-II, Thrissur alleging that the cheques were stolen and forged and therefore, offences under Sections 420, 468 and 379 read with Section 34 IPC were committed and the learned Magistrate send the complaint to Nedumpuzha police for investigation under Crl.M.C. Nos.4705 & 4709 of 2008 2 Section 156(3) of the Code of Criminal Procedure and Crime No.318/2007 of that Police Station was registered for the offences punishable under Sections 420, 468 and 379 read with Section 34 IPC. In such circumstances, both the complaints are to be quashed. 2. The learned Public Prosecutor, on instructions, submitted that investigation of Crime No.318/2007 was completed and a refer report has been prepared and it will be submitted before the learned Magistrate. 3. On hearing the learned counsel appearing for the first respondent, based on the contentions raised that the dishonoured cheques were stolen cheques, neither the complaint nor the cognizance taken could be quashed. The question whether they were issued by the petitioner in discharge of debt as claimed by the respective first respondent in the complaint or are stolen cheques are to be settled on the evidence. Petitions are dismissed. M.SASIDHARAN NAMBIAR, JUDGE. ln