IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Crl.MC.No. 24 of 2010() ----------------------- ST.146/2009 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER(S): ACCUSED: ---------------------------------------- L.WILSON, AVIKUZHI VEEDU, OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM, CHAIRMAN, MARY MATHA COLLEGE OF ENGINEERING & TECHNOLOGY, PALIYODE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. MR.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. M/S.INTER CAD SYSTEMS (P) LTD., REGISTERED OFFICE AT 38, XXIII/555, ADAM STAR COMPLEX, THODUPUZHA REPRESENTED BY ITS MANAGING DIRECTOR CINU P.THOMAS. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.24 OF 2010 =========================== Dated this the 6th day of January,2010 ORDER Petitioner is the accused in S.T.146/2009 on the file of Chief Judicial Magistrate Court, Thodupuzha taken cognizance of the offence under section 138 of Negotiable Instruments Act on Annexure A complaint filed by the first respondent. This petition is filed under section 482 of Code of Criminal Procedure to quash the complaint and the cognizance taken contending that learned Magistrate has no jurisdiction to try the case and there is no compliance with the provisions of section 142 of Negotiable Instruments Act. 2. Learned counsel appearing for the petitioner was heard. 3. On hearing the counsel I find no reason to quash the complaint as sought for as the Crl.M.C.24/2010 2 question of jurisdiction to try the case is to be decided by the Magistrate based on the evidence. When Petitioner is a signatory to the dishonoured cheque there is no necessity to comply with the procedure provided under section 142 of Negotiable Instrument Act to prosecute the petitioner. Petitioner is at liberty to raise all the contentions before the Magistrate. 4. Learned counsel appearing for the petitioner then submitted that there may be a direction to the Magistrate to release the petitioner on bail. When an accused surrenders and files an application for bail, it is for the Magistrate to consider the application without delay. I find no reason to believe that Magistrate will not release an accused who surrenders, when the offence alleged against him is only under section 138 of Negotiable Instruments Act. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.24/2010 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006