Colours Of The World Advertising vs Malayalam Communications Ltd on 18 May, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1476 of 2010()


1. COLOURS OF THE WORLD ADVERTISING,
                      ...  Petitioner
2. SREEKUMAR,AGED ABOUT 34,

                        Vs



1. MALAYALAM COMMUNICATIONS LTD.,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.C.P.UDAYABHANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/05/2010

 O R D E R
                      V. RAMKUMAR, J.
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                    Crl.M.C..No.1476 of 2010
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              Dated this the 18th day of May, 2010

                              ORDER

The petitioners are accused Nos.1 and 2 in C.C.No.467 of

2009 on the file of the Addl.CJM’s Court, Thiruvananthapuram.

The said case arose out of a private complaint filed by the 1st

respondent in respect of three dishonoured cheques alleging

commission of an offence punishable under Section 420 IPC.

2. According to the petitioners, the cheques were

dishonoured in the year 2003 and the complaint was filed on

4.6.2008 and there is no explanation offered for the inordinate

delay for filing the complaint. The petitioner would further

contend that the allegations in the complaint would not make out

an offence punishable under Section 420 IPC.

3. It is too early for this Court to consider whether the

allegations in the complaint makes out the offence punishable

under Section 420 IPC. If the offence which is made out is one

punishable under Section 420 IPC, then there is no question of

any limitation being for the complaint prescribed under Section

468 Cr.P.C so as to expect an explanation from the complainant

Crl. M.C. No.1476 of 2010
2

for the delay because there cannot be any delay. It is essentially

for the court below namely Additional CJM, Thiruvananthapuram

to consider whether there is a prima facie case made out for

framing charge. The petitioners will be entitled to plead for a

discharge at the appropriate stage. Since the petitioners are

stated to be residing at Palakkad they can plead for a discharge

in absentia on filing appropriate petition through their counsel.

This Crl.M.C is disposed of reserving the above right of the

petitioners.

Dated this the 18th day of May, 2010.

V. RAMKUMAR, JUDGE

sj