High Court Kerala High Court

T.P.Parameswaran vs State Of Kerala on 10 November, 2008

Kerala High Court
T.P.Parameswaran vs State Of Kerala on 10 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1007 of 2008()


1. T.P.PARAMESWARAN, AGED 55 YEARS,
                      ...  Petitioner
2. P.K.GEETHA,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. PHARMA KURIES PVT. LTD., PUTHOOR BLDG.,

3. M/S. SREE POORNA ROLLER FLOOR MILLS (P)

4. T.P.VISWANATHAN,

                For Petitioner  :SRI.M.T.BALAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :10/11/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
           Crl.M.C. Nos.1007, 1106, 1107, 1108, 1121
                          and 1126 of 2008
                      -------------------------------------
            Dated this the 10th day of November, 2008

                                  ORDER

The common petitioners are accused 3 and 4 in 6

prosecutions all pending, under Section 138 of the Negotiable

Instruments Act and initiated against them by the same

complainant. It is submitted that cognizance has been taken in

all these cases as early as in 2001. In 4 cases, trial has

commenced and the matter is pending at the stage of defence

evidence. It is also brought to the notice of this Court that an

application had been filed by the accused to forward the cheque

to the expert. That application was dismissed. The petitioners

had come to this Court. This Court had rejected the challenge

and it is at this fag end that these petitions have been filed by

the petitioners.

2. The crux of the prayer is to quash the proceedings

invoking the extraordinary inherent jurisdiction under Section

482 Cr.P.C on the short ground that sufficient averments are not

there to attract culpable liability under Section 138 r/w 141 of

the Negotiable Instruments Act as insisted by the S.M.S

Pharmaceuticals Ltd. v. Neeta Bhalla [2005(4) KLT 209

(S.C)].

Crl.M.C. Nos.1007, 1106, 1107, 1108, 1121
and 1126 of 2008 2

3. Notice was given. The respondent/claimant has

entered appearance. He opposes the application vehemently.

He submits that sufficient averments have been raised in para.3

of the complaint to the effect that the culpable act has been

committed with the knowledge, consent and connivance of the

petitioners herein. At any rate, considering the stage of the

proceedings and the sequence of events that have taken place in

this case this is not a fit case to invoke the extraordinary

inherent jurisdiction under Section 482 Cr.P.C, submits the

learned counsel for the complainant.

4. Having considered all the relevant inputs including

the fact that the prosecution has been pending from 2001 and

that the trial has already commenced and has reached the stage

of defence evidence, I am satisfied that it is not necessary at this

stage to invoke the jurisdiction under Section 482 Cr.P.C.

5. In the result:

i) These Crl.M.Cs are dismissed;

ii) The learned Magistrate shall ensure that these

prosecutions are disposed of in accordance with law as

expeditiously as possible.

(R.BASANT, JUDGE)

rtr/-