High Court Kerala High Court

V.Sreedharan Nair vs A.N.Samanda Bhadran on 14 February, 2007

Kerala High Court
V.Sreedharan Nair vs A.N.Samanda Bhadran on 14 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 377 of 2007()


1. V.SREEDHARAN NAIR, MANAYATHU CHIRAYIL
                      ...  Petitioner

                        Vs



1. A.N.SAMANDA BHADRAN,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SMT.PREETHA ANIL RAVEENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :14/02/2007

 O R D E R


                                 R. BASANT, J.

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                         CRL.M.C.NO. 377 OF 2007

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

            Dated this the 14th day of February, 2007


                                     ORDER

The petitioner faces indictment in a prosecution under

Sec.138 of the N.I. Act. The case was filed as early as in

2003. The case has now reached the stage of evidence.

2. The petitioner has now come to this Court with a

prayer that the proceedings initiated against him under

Sec.138 of the N.I. Act may be quashed invoking the powers

under Sec.482 of the Cr.P.C. What are the reasons? The

learned counsel for the petitioner submits that the

complainant is the complainant in as many as 15 cases, the list

of which is produced as Annexure-B. He has made

complaints against various individuals. The list is not

exhaustive and there are more cases initiated by the

complainant, submits the learned counsel for the petitioner.

According to the petitioner, the complainant is, thus, a person

who is misusing the provisions of Sec.138 of the N.I. Act. In

these circumstances, it is prayed that the proceedings may be

CRL.M.C.NO. 377 OF 2007 -: 2 :-

quashed. The learned counsel further submits that, as a matter

of fact, the complainant – a moneylender, had advanced only an

amount of Rs.10,000/- to the petitioner, he had insisted on the

petitioner handing over two blank signed cheques. Interest is

being paid regularly. But the complainant, misusing one of the

two blank cheques, has initiated proceedings against the

petitioner. He further threatens the petitioner that if the

petitioner chooses to contest this proceeding, he shall make use

of the other blank cheque also.

3. I have heard the learned counsel for the petitioner in

detail. No valid reason has been shown to show that the powers

under Sec.482 of the Cr.P.C. can be invoked to quash the

proceedings. The circumstances urged by the petitioner are

circumstances which the petitioner must urge in defence in the

prosecution initiated against him. They do not constitute any

valid reason to quash the proceedings.

4. In conclusion, the learned counsel for the petitioner

submits that a warrant of arrest has been issued by the learned

Magistrate against the petitioner. The petitioner must appear

before the learned Magistrate and apprise the learned

Magistrate of the circumstances under which he could not

CRL.M.C.NO. 377 OF 2007 -: 3 :-

earlier appear before the learned Magistrate. I have no reason

to assume that the learned Magistrate would not consider the

application for bail on merits, in accordance with law and

expeditiously. Orders must be passed on such application on the

date of surrender itself.

5. There is a further grievance raised that an application

to recall the complainant for cross-examination has been

dismissed by the learned Magistrate. The petitioner will

certainly be entitled to seek relief in accordance with law against

such dismissal at the appropriate stage.

6. With the above observations, this Crl.M.C. is dismissed.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge