IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Crl.MC.No. 2284 of 2009() ------------------------------------ ST.872/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, KOCHI .................... PETITIONERS/ACCUSED 1 & 2: ------------------------------------------- 1. POONOLIL RICE & FOODS PRIVATE LIMITED., ERUMATHALA, ALUVA, ERNAKULAM DIST. REP. BY MANAGING DIRECTOR MR. P.P.JOHNSON. 2. P.P.JOHNSON, MANAGING DIRECTOR, M/S. POONOOLIL RICE & FOODS PRIVATE LIMITED., ERUMATHALA, ALUVA, ERNAKULAM DIST., RESIDING AT POONOLIL HOUSE, TANNIPUZHA, OKKAL.P.O. KALADY, ERNAKULAM DISTRICT. BY ADV. MR.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------- 1. KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED, MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR ERNAKULAM DIST. PIN-682 020. REP. BY ITS MRS. R.P.MARY, ADDITIONAL GENERAL MANAGER OF (COMMERCE). 2. STATE OF KERALA, REP. BY ITS DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.B. VINOD. R1 BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO . THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 2284 OF 2009 ------------------------------------------ Dated 3rd August 2009 O R D E R This petition is filed under Section 482 of Code of Criminal Procedure to quash S.T.872/2006 on the file of Judicial First Class Magistrate-III, Kochi by the accused facing trial for the offence under Section 138 of Negotiable Instruments Act taken cognizance by the learned Magistrate on Annexure-A1 complaint filed by first respondent. Case of the petitioners is that the cheque was dishonoured as the account of the petitioners was freezed and therefore Section 138 of Negotiable Instruments Act is not attracted. 2. Learned counsel appearing for petitioners and first respondent were heard. 3. The case is pending before the learned Magistrate since 2006. Case of the petitioners is built on a document, which was not produced along with the complaint, at the time when cognizance was taken or later, whether the dishonour of the cheque was CRMC 2284/09 2 due to freezing of the account and if so, whether it would attract an offence under Section 138 of Negotiable Instruments Act, are to be decided by the learned Magistrate on the evidence. Question whether there was a freezing of account and whether at that time there was sufficient amount in their account are all matters for evidence. It cannot be decided in a petition filed under Section 482 of Code of Criminal Procedure. Raising similar contentions petitioners have filed Crl.M.C.2299/2009 and 2301/2009 to quash similar cases taken cognizance for the offence under Section 138 of Negotiable Instruments Act filed by first respondent which were disposed by order dated 20/7/2009 granting liberty to the petitioners to agitate the question before the learned Magistrate. I find no reason to quash the complaint as sought for. Petitioners are entitled to raise all the contentions before the learned Magistrate at the time of trial. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.