High Court Kerala High Court

J.Bindu vs Suresh George on 30 November, 2006

Kerala High Court
J.Bindu vs Suresh George on 30 November, 2006
       

  

  

 
 
  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.

                        ------------------------------------

                        Crl.M.C.NO.2258 OF 2006

                        ------------------------------------

               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/