C.S.DIAS, J.

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Crl.M.C. No.2789 OF 2025 ------------------------------------------------

Dated this the 8^th day of December, 2025 ORDER The petitioner is the 3^rd accused in C.C.No.1677/2023 pending on the file of the Court of the Judicial First Class Magistrate Court (N.I.Act Cases), Ernakulam ('Trial Court, in short), which has been filed by the 2^nd respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act (N.I.Act' in short).

2. The petitioner asserts that, Annexure-1 complaint has been filed against the petitioner and two others alleging that a cheque issued by the 1^st accused-company, and drawn by the 2^nd accused, got dishonoured with an endorsement 'refer to drawer'. The petitioner was not the Director of the company as on the date of Annexure-3 cheque, i.e., 08.06.2023. In Annexure-5 certificate issued by the Ministry of Corporate Affairs, it is apparent that the petitioner ceased to be the Director of the 1^st accused company on 13.01.2021. Thus, as on the date of the drawing of Annexure-3 cheque, the petitioner was not the Director of the company. Therefore, the provisions of Sec