IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Crl.MC.No. 2438 of 2009 -------------------------------- CC.36/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .......................................... PETITIONER(S): 2ND ACCUSED -------------------------- T.A.ABRAHAM, S/O.POTHEN ABRAHAM, THAYIL HOUSE, OATHARA WEST, THIRUVALLA, PATHANAMTHITTA - 689 551. BY ADV. SRI.P.HARIDAS RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------------------------------------ 1. THE ASSISTANT REGISTRAR OF COMPANIES KERALA, COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKKARA, KAKKANAD - 682 021. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2438 of 2009 -------------------------- ORDER Petitioner is the second accused in C.C.No. 36/2009 on the file of Additional Chief Judicial Magistrate's Court (Economic Offences), Ernakulam. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-I complaint filed by the first respondent, the defacto complainant, which was taken cognizance for the offence under Section 58(A) of Companies Act. 2. Learned counsel appearing for the petitioner was heard. 3. On hearing the learned counsel, I find no reason to quash the complaint as sought for, when petitioner is entitled to seek an order of discharge from the Magistrate under Section 239 of Code of Criminal Procedure. Learned counsel submitted that presence of the petitioner may be dispensed with for the purpose of filing the CRMC 2438/09 2 application and seeking an order of discharge. Petition is disposed of granting liberty to the petitioner to seek an order of discharge from the Magistrate. Petitioner is at liberty to file an application for discharge under Section 239 of Code of Criminal Procedure. If an application under Section 205 of Code of Criminal Procedure is filed, Chief Judicial Magistrate may exempt presence of the petitioner, for the purpose of filing the application under Section 239 of Code of Criminal Procedure and hearing the same. 9th September, 2009 (M.Sasidharan Nambiar, Judge) tkv