IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.MC.No. 1516 of 2008 ------------------------- S.T.NO. 1428/2007 OF THE CHIEF JUDICIAL MAGISTRATE COURT, TRICHUR. PETITIONER: ACCUSED: -------------------- MANOJ VADAVATH, S/O.C.RAVINDRANATH, 39/3422 B, POIMPLASSERIL LANE, RAVIPURAM, COCHIN-4 BY ADV. SRI.P.K.ANIL RESPONDENTS: ACCUSED: --------------------- 1. M/S. CHELOOR PROPERTY DELPMT.PROJECT LTD REGD. OFFICE AT PLOT NO.58,SENTHIL ANDAVAR STREET DHANALAKSHMI COLONY,VADAPALANI,CHENNAI,ADMN.OFFICE AT CHELOOR RESIDENCY,PUNKUNNAM,THRISSUR-02,REP.BY ITS GRNL.MANAGER AUTRSD.AGENT K.RAMDAS,SON OF P.S. NAMBIAR,KANNAMATTIL(H),ORUMANAYOOR DESOM,CHAVAKKAD 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC POSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1516 of 2008 = = = = = = = = = = = = = = Dated this the 9th day of April , 2008 ORDER The petitioner, who is the accused in S.C.No.1428/2007 on the file of the Chief Judicial Magistrate Court, Thrissur for an offence punishable under Section 138 of the Negotiable Instruments Act involving a cheque for Rs.5 lakhs, seeks to quash the proceedings on the ground that he had discharged the entire liability and this is a vexatious prosecution. 2. There is no reason why the petitioner should not raise all his defence before the learned Magistrate. I am told that the learned Magistrate has not recorded the plea of the petitioner so far. If so, the remedy of the petitioner is to plead for dropping the proceedings in the light of the decision in Kamala Rajaram v. State of Kerala, 2005(3)K.L.T.617. In case the petitioner files an application before the Magistrate for dropping the proceedings on the ground that there is no subsisting liability under the cheque in question, he shall be permitted to move the petition in absentia and the learned Magistrate shall not insist on the personal appearance of the petitioner for disposing of the said application. Reserving the said right, this Crl.M.C.is dismissed. V. RAMKUMAR, JUDGE ks.