IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2258 of 2006()
1. J.BINDU, AGED 32 YEARS,
... Petitioner
Vs
1. SURESH GEORGE, AGED 46 YEARS,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.K.ABDUL JAWAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :30/11/2006
O R D E R
R.BASANT, J.
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Crl.M.C.NO.2258 OF 2006
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Dated this the 30th day of November, 2006.
ORDER
The petitioner faces indictment in a prosecution under
Section 138 of the N.I Act. He has come to this Court with a
prayer that proceedings initiated against him may be quashed.
2. What is the reason? The learned counsel for the
petitioner submits that the allegations are totally false.
Signature in the cheque is not disputed. But the said cheque
was not issued to the complainant for the discharge of any
legally enforcible debt/liability. That cheque was handed over to
another person. The petitioner issued a notice to that person
and in the reply that person has admitted all the material
averments. The petitioner had given a reply to the complainant
to the notice of demand. It is, in these circumstances, prayed
that the powers under Section 482 Cr.P.C may be invoked and
the prosecution quashed.
2. The reasons stated by the petitioner are not sufficient
to justify the invocation of the powers under Section 482 Cr.P.C
to bring about a premature termination of the proceedings
initiated against the petitioner.
Crl.M.C.NO.2258 OF 2006 2
3. The contention raised can, of course, be raised in the
course of the trial. I am, in these circumstances, not persuaded
to invoke the powers under Section 482 Cr.P.C. This Crl.M.C is,
in these circumstances, dismissed. I may hasten to observe that
the dismissal of this petition will not, in any way, affect the rights
of the petitioner to raise all relevant and appropriate contentions
before the learned Magistrate in the course of trial.
R.BASANT
JUDGE
rtr/