High Court Kerala High Court

Vishnu Namboodiri vs Sibychen Thomas on 22 November, 2010

Kerala High Court
Vishnu Namboodiri vs Sibychen Thomas on 22 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4603 of 2010()


1. VISHNU NAMBOODIRI, KARAKKADU ILLOM,
                      ...  Petitioner

                        Vs



1. SIBYCHEN THOMAS, CHIRAKADAVIL,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.JOMY GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/11/2010

 O R D E R
                       M.SASIDHARAN NAMBIAR, J.
              --------------------------------------------------------
                         Crl.M.C No.4603 OF 2010
             ---------------------------------------------------------
            Dated this the 22nd day of November, 2010.

                                   O R D E R

Petitioner was convicted and sentenced for the offence under

Section 138 of Negotiable Instruments Act. Petitioner filed Crl.A.No.50

of 2007 before Additional District and Sessions Court (Adhoc)II,

Kottayam challenging the conviction and sentence. In that appeal

Annexure A-III petition was filed to receive a document as adduced

evidence by Annexure A-V order. Learned Sessions Judge dismissed

the petition. This petition is filed under Section 482 of code of Criminal

Procedure to quash Annexure-V order.

2. Learned counsel appearing for the petitioner was heard.

The document produced was to prove that the account mentioned in

the dishonoured cheque was closed. Annexure A-1 judgment shows

that the cheque was dishonoured as account was closed. In such

circumstances, I find no reason to interfere Annexure A-V order.

Petition is dismissed.

M.SASIDHARAN NAMBIAR, JUDGE.

mns