IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Crl.MC.No. 3699 of 2011() ------------------------------------- CRIME NO.6/2011 OF PONNANI POLICE STATION -------------------- PETITIONER(S): ------------------------ C.SHIHABUDHEEN, AGED 37 YEARS, S/O.BAVA, CHUNDANTE HOUSE, NEW PONNANI, MALAPPURAM DISTRICT, PIN-679 586. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SMT.ASHIFA TALIB SRI.JOBI.A.THAMPI SMT.ARATHI KARUNAKARAN SMT.NAZMIN ABDUL LATHEEF SRI.JAISHANKAR V.NAIR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 2. SUB INSPECTOR OF POLICE, PONNANI, MALAPPURAM.PIN-679 586. 3. C.K.SHAUKATH, AGED 50 YEARS, S/O.KUNJU MOHAMMED, CHIRAPPARAMBIL VEEDU, KUZHIPILLIKKARA P.O., PERINGATTUKARA, THRISSUR DISTRICT, NOW RESIDING AT PUNNAMANGALA KALAM, NEAR PARVATHI RICE MILL, KAKKAYYOOR P.O., KODUVAYOOR VIA., PALAKKAD DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3699/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE FIR OF THE PONNANI POLICE STATION DATED 04/01/2011 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3699 of 2011 ----------------------------------- Dated this the 14th day of December 2011 O R D E R Learned counsel for the petitioner (complainant before the court below) submits that the cheque in question is now before J.F.C.M., Ponnani. A copy of the same was made available to the Investigating Officer. The learned counsel further submits that the cheque was drawn on a cheque leaf issued to a person who expired long back. That means, a dead man's cheque leaf was made use of by the accused to commit cheating. Learned Public Prosecutor submits that the accused is absconding and so he could not be arrested so far. 2. It is pointed out by the learned counsel for the petitioner that the original cheque which is now before J.F.C.M., Ponnani may be obtained by the Investigating Officer by filing a requisite application under Sec.91 of Crl.M.C. No.3699 of 2011 -: 2 :- Cr.P.C. to send the same for expert's opinion. The Investigating Officer will do what ever is required in support of the allegation as mentioned above and will see that the investigation is completed at the earliest since it is also apprehended that the accused is likely to go abroad to thwart the trial. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt