MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in C.C. No. 214 of 1982 (now numbered as L.P. 4 of 1983) before the Additional Judicial First Class Magistrate, Muvattupuzha is the petitioner. The petition was filed under section 482 of the Criminal Procedure Code under the following circumstances.

(2.) From April 1982 onwards the petitioner is in Switzerland. Before going to Switzerland he happened to issue a cheque in favour of one. George for Rs. 20,000/- or so. That cheque happened to be dishonoured when presented. George filed a complaint before the Judicial First Class Magistrate, Muvattupuzha. The Magistrate forwarded the same to the police for investigation under section 156(3) of the Criminal Procedure Code. After investigation the above case was charge- sheeted against the petitioner for an offence punishable under section 420 of the Indian Penal Code.

(3.) When summons was issued the petitioner was abroad and therefore, it was returned unserved. Thereafter warrant was issued from court. That also met with the same fate. The Court informed the Passport authorities, resulting in the passport of the petitioner being impounded. Petitioner says that he came to know of the pendency of the case itself only after his passport was impounded as requisitioned by the court.