MANUEL GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner challenges the complaint in C.C. No.744/2016 on the files of the Judicial First Class Magistrate Court-II, Kasargod, alleging commission of offence under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) Though the learned counsel for the petitioner contended that the very offence alleged under Sec. 138 of the Negotiable Instruments Act, will not lie due to the peculiar circumstances, I am of the view that the contentions advanced are all matters which fall within the realm of the disputed fact and therefore, the remedy under Sec. 482 Cr.P.C. cannot be invoked.

(3.) On noticing the disinclination of this Court, Sri. C.S.Bissimon, the learned counsel for the petitioner contended that since a non-bailable warrant has already been issued against the petitioner and the case has been transferred to the long pending register, petitioner apprehends that he will be remanded to custody even if he appears and applies for bail.