IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Crl.MC.No. 3140 of 2009 ---------------------------------------- CC.1431/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER/ACCUSED: BEENA SHABEER, T.C.3/251, PRIYADARSHINI LANE, MANKULAM HOUSE, MUTTADA P.O., TRIVANDRUM-25. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE: 1. M/S.INTEGRATED FINANCE COMPANY LTD., TRIVANDRUM BRANCH, KARIMPANAL STATUE AVENUE, STATUE, THIRUVANANTHAPURAM. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3140 of 2009 -------------------------- ORDER Petitioner is the accused and first respondent, the complainant in C.C.No.1431/2001 on the file of Judicial First Class Magistrate's Court-III, Thiruvananthapuram, taken cognizance for the offence under Section 138 of Negotiable Instruments Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash the complaint contending that cognizance was taken based on the xerox copy of the dishonoured cheque or in the alternative, to direct the Magistrate to dispense with the personal appearance of the petitioner during trial. 2. Learned counsel appearing for the petitioner was heard. 3. Annexure-I complaint shows that instead of the original dishonoured cheque, a xerox copy of the dishonoured cheque was produced. That does not CRMC 3140/09 2 mean that the original cheque was not made available to the court when cognizance was taken. Moreover, the original cheque will be necessary at the time of trial. In such circumstances, the complaint or the proceedings cannot be quashed as sought for. Petitioner is at liberty to raise all the contentions at the time of trial. 4. Being an offence under Section 138 of Negotiable Instruments Act, I find no reason to believe that if a petition is filed under Section 205 of Code of Criminal Procedure, learned Magistrate will not dispense with the personal appearance of the petitioner during trial. Hence, no direction is warranted. Petition is dismissed. 15th October, 2009 (M.Sasidharan Nambiar, Judge) tkv