IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4426 of 2008()
1. AMBOOKAN JOSE VAKKACHAN
... Petitioner
Vs
1. EM RAJEEV
... Respondent
For Petitioner :SRI.SHAJI CHIRAYATH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 4426 of 2008
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Dated this the 18th day of November, 2008
O R D E R
In this Crl.M.C. the petitioner prays that the extra ordinary
inherent jurisdiction under Section 482 Cr.P.C. may be invoked
to quash a prosecution under Section 138 of the N.I. Act pending
before the learned Magistrate.
2. Cognizance was taken in that case as early as in 2003 as
is indicated by the number assigned to the case i.e. C.C. 542 of
2003. In reply to a specific query by this Court, the counsel for
the petitioner concedes that the trial in the prosecution under
Section 138 of the Act has already commenced.
3. I am, in these circumstances, not at all persuaded that
the plea of limitation, which the petitioner appears to have raised
in defence, can or need be considered at this stage by this Court
in proceedings under Section 482 Cr.P.C. to quash the
prosecution initiated against the petitioner. He has no
explanation as to why he has waited till now – after the
Crl.M.C.No. 4426 of 2008
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commencement of the trial – to come before this Court with this
petition under Section 482 Cr.P.C.
4. This Crl.M.C. is dismissed. I may hasten to observe that the
dismissal of this petition shall not fetter the rights of the petitioner to
raise the plea of limitation in the trial, which has already commenced.
I choose to take the view only that the powers under section 482
Cr.P.C. need not be invoked to consider that plea.
(R. BASANT)
Judge
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