IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 769 of 2008() ------------------------ STC.4486/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER: ACCUSED -------------------------- SREEJU.P.R., AGED 31 YEARS, S/O.RAJAN, R/AT KHILARIA QUARTERS, P.O.BEKAL, KASARAGOD. BY ADV. SMT.R.PADMAKUMARI SMT.SINDHU MANOJ RESPONDENTS: STATE AND COMPLAINANT ------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.AJITH, AGED 33 YEARS, S/O.KUNHIRAMAN, R/AT THALAPURATH HOUSE, P.O.CHALAD, KANNUR-14. 3. SURESH.K., MANAGING DIRECTOR, M/S.SOUBHAGYA LAXMI FINANCE, WESTERN UNION MONEY TRANSFER, GATEWAY CENTRE THANA, KANNUR PO. 4. THE PROPRIETOR, M/S.IMNAZ MOTORS AND SERVICES PVT. LTD., KARIPODY ROAD, KASARAGOD. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 769 of 2008 ========================== Dated this the 7th day of March, 2008. O R D E R The petitioner, who is the accused in S.T.C No. 4486 of 2006 on the file of the Judicial First Class Magistrate-I, Kannur for an offence punishable under Section 138 of the Negotiable Instruments Act, seeks to quash the proceedings on the ground that the 2nd respondent who has filed Annexure A2 complaint is a total stranger to the petitioner and the complaint has been filed on the basis of the dishonour of one of the cheques given by the petitioner to the Bekal branch of the Pallikere Service Co- Operative Bank and in the light of Annexure 3 judgment passed by the Munsiff Court, Kasaragod in O.S.No. 235/2006, the complaint against the petitioner is unsustainable. 2. That is a matter which the petitioner can raise before the Magistrate and the Magistrate has, in the light of the decision of this Court in Dr. Kamala Rajaram v. Dy.S.P (2005 (3) KLT 617), power to drop the proceedings by calling into aid Sections 251 and 258 Cr.P.C. Reserving the said right of the petitioner, CRL.M.C.NO. 769/2008 : 2: he is permitted to surrender before the Magistrate and file an application for regular bail within two weeks from today. In case the petitioner complies with the above condition, he shall be released on bail on appropriate conditions notwithstanding the non-bailable warrants, if any, pending against him. He shall also be entitled to plead for dropping of the proceedings as aforesaid. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.M.C.NO. 769/2008 : 3: