MATHEW GEORGE Vs. JACOB

JUDGEMENT

(1.) The petitioner seeks to stay all further proceedings in C.C.No. 1134 of 2001 on the file of the Judicial First Class Magistrate's Court I, Ernakulam.

(2.) The petitioner is the accused in C.C.No. 1134 of 2001 pending before the court below. The above Calendar Case was taken on file on the basis of a complaint filed by the first respondent alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The court below took cognizance of the complaint. During trial, the petitioner raised a question with regard to the identity of the signatory of the cheque in question as there was no clear evidence regarding the same. The petitioner produced photographs of four different persons to identify the accused from among the photographs. The grievance of the petitioner is that the court below adjourned the case without considering the point raised by the petitioner.

(3.) Learned Counsel for the petitioner submits that the complainant has no case with regard to the signature in the cheque and hence the complaint filed against the petitioner is without merit.