IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Crl.MC.No. 3821 of 2005(Y) -------------------------- CC.585/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... PETITIONER(S): ACCUSED ---------------------- REMADEVI DATTAN, W/O.DATTAN, AGED 51 YEARS, RAM NIVAS, KUTHIATHODU, ALAPPUZHA. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.VIJAYAN, S/O.PADMANABHAN, PANDANCHERIYIL, PUNNAYAR, KEERITHODE, KANJIKUZHI VILLAGE, THODUPUZHA TALUK, IDUKKI. ADV. SMT.KOCHUMOL KODUVATH FOR R2 R1 BY PUBLIC PROSECUTOR MR. JAI GEORGE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C. HARI RANI, J. ====================== CRL.M.C.NO. 3821 of 2005 ======================== Dated this the 3rd day of October 2008 ORDER This petition is filed under Section 482 of the Code of Criminal Procedure. The prayer in this petition is to issue a direction to the Judicial First Class Magistrate Court, Adimaly to recall and withdraw the non-bailable warrant issued against the petitioner. The petitioner herein is the accused in C.C.No.585/2002 on the file of that Court and the case was instituted at the instance of the second respondent in this petition under Section 138 of the Negotiable Instruments Act. It is submitted by the learned counsel appearing for the petitioner/accused that the entire cheque amount of Rs.41,000/- has been paid by her to the second respondent/complainant and obtained valid receipt to substantiate the same. That receipt is produced as Annexure- II by the petitioner to prove the same. The learned counsel for the second respondent submitted that in spite of several letters sent to the second respondent, no communication has CRMC 3821/2005 -2- been received from him regarding the above aspect. 2.It is revealed from the records that non-bailable warrant issued against the petitioner was recalled already by this Court as per order dated 16-11-2005. In these circumstances, this petition is closed confirming that order. The learned Magistrate is directed to dispose of C.C.No.585/2002 pending before the Judicial First Class Magistrate Court, Adimali at the earliest, at any rate within two months from the date of receipt of a copy of this order. M.C. HARI RANI JUDGE ks.