SUNNY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the complainant in Annexure I complaint on the file of the Judicial First Class Magistrate Court-I, Vaikom wherein the offence alleged is one punishable under Sec.138 of the Negotiable Instruments Act. The dishonored cheque dated 29.01.2003 is for Rs.35,000/-. As the accused did not appear before the trial court, the case was included in the Long Pending case as L.P. No. 112/2004.

(2.) It is further stated that, thereafter the entire disputes between the complainant and the accused in relation to the dishonoured cheque involved in this case was resolved to the best satisfaction of both sides and that the complainant had received the full cheque amount of Rs.35,000/- from the accused in full and final settlement of all liabilities in relation to the dishonored cheque involved in this case. On this basis, the petitioner (complainant) herein had filed Anx-II application on 09.11.2017 seeking permission of the trial court to withdraw the complaint in terms of Sec.257 of the Code of Criminal Procedure. However, the said plea made by the petitioner/complainant has been now rejected by the trial court as per impugned Anx-III order dated 09.11.2017.

(3.) Heard Sri.T. Manasy, learned counsel appearing for the petitioner/complainant and Sri. Saigi Jacob Palatty, learned Senior Government Pleader for respondent State.