IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Crl.MC.No. 1508 of 2006() ------------------------- ST.691/2005 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... PETITIONER/ACCUSED NO.3:- --------------------------------- IBRAHIM @ BABU, S/O. SIRAJUDHEEN HAJI, SIRAJ MANZIL, MORAYOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE & COMPLAINANT:- ---------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. T.K. MIRSHA KHAN, MANAKKASSERIL HOUSE, NEAR FIRE STATION, KANJIRAPPALLY, KOTTAYAM DISTRICT. ADV. SRI. P.P. JAYASOORYA, PUBLIC PROSECUTOR SRI.NOBLE MATHEW FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO. 1508/2006 ORDER ON CRL.M.A. NO. 2980/2006 IN CRL.M.C. NO. 1508/2006 DISMISSED. 04.07.2011 sd/- B.P. RAY, JUDGE. CRL.M.C.NO. 1508/2006 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT DATED 28.02.2005 BEFORE THE C.J.M., KOTTAYAM AS S.T. NO. 691/2005. RESPONDENTS' ANNEXURES: NIL //True Copy// P.A to Judge. B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.1508 of 2006 - - - - - - - - - - - - - - - - Dated this the 4th day of July, 2011. O R D E R Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the second respondent. 2. The petitioner is the 3rd accused in S.T. No. 691 of 2005 on the file of the Chief Judicial Magistrate, Kottayam for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. There is no specific averment that accused No.1 was the company and accused No. 4 was in charge and responsible for the conduct of its business. Therefore, the requirements under Section 141 of the Negotiable Instruments Act were not made out. Hence, I have no hesitation to quash the order taking cognizance of the offence and issuing process against the petitioner. The complaint as against the petitioner is quashed and the remaining trial is directed to proceed against the other accused persons. The trial of the case be expedited and completed within three months from the date of receipt of a copy of this order. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv B.A. No. -:2:- Order to be communicated.