K ABDUL NAZAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case was filed by the petitioner, who is the accused in S.T. No. 1008/2009 pending before the Judicial First Class Magistrate Court-III, Kannur, challenging the order in C.M.P. No. 60/2013 under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code').

(2.) It is alleged in the petition that, the petitioner is the accused in S.T. No. 1008/2009 pending before the Judicial First Class Magistrate Court-III, Kannur. The case was taken on file, on the basis of a private complaint filed by the 2nd respondent, alleging offences under Section 138 of the Negotiable Instruments Act. The case of the complainant was that, there was some money transaction between the petitioner and the defacto-complainant and in discharge of the liability, the petitioner issued Ext. P1 and P2 cheques, which when presented were dishonoured for the reasons 'funds insufficient' and in spite of the notice issued, he had not paid the amount. So he had committed the offence punishable under 138 of the Negotiable Instruments Act. After the appearance of the parties, originally the power of attorney of the complainant was examined, but there was no cross examination.

(3.) Though notice was served on the 2nd respondent, he remained absent.