IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Crl.MC.No. 3968 of 2009 ---------------------------------- [ST.NO.541/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR] .................... PETITIONER/ACCUSED NO.1: ------------------------------------------ BINDU.P.R., W/O. MANIKANTAN, AGE 36 YEARS, TEACHER, M.M.S.B.SCHOOL, KODUVAYOOR. BY ADV. MR.BINOY VASUDEVAN. RESPONDENTS/STATE/COMPLAINANT: --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MURNNISA, W/O. SHAHUL HAMEED, RESIDING AT CHINJU MANZIL, BYE PAS ROAD, KODUVAYOOR, CHITTUR TALUK. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3968 OF 2009 =========================== Dated this the 8th day of December,2009 ORDER Petitioner is the accused in S.T.541/2008 on the file of Judicial First Class Magistrate Court, Chittur taken cognizance for an offence under section 138 of Negotiable Instruments Act on Annexure C complaint filed by the second respondent. 2. Learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that petitioner is not an account holder in Federal Bank, Puthunagaram Branch and the dishonoured cheque was not issued by the petitioner in her account and hence learned Magistrate should not have taken cognizance against the petitioner. 4. The question whether the dishonoured cheque involved in Annexure C complaint is issued by the petitioner, in an account maintained by her and whether it was issued towards discharge of an existing liability and whether second respondent has complied with the statutory formalities are all matters to be Crl.M.C.3968/2009 2 considered by the Magistrate on the materials before him. Exercising the power under section 482 of the Code of Criminal Procedure, it is not for this court to decide whether petitioner is the account holder and whether the dishonoured cheque was issued from her account. With liberty to raise all the contentions before the learned Magistrate, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006