O R D E R

The petitioner faces criminal prosecution for the commission of offence under Section 138 of the Negotiable Instruments Act , 1881, in S.T.No.231/2017 on the files of the Chief Judicial Magistrate Court, Kottayam. In the present petition filed under Section 482 of the Code of Criminal Procedure , 1973, he seeks to quash the proceedings against him in the aforesaid case.

2. The second respondent herein had instituted Annexure-I complaint before the Chief Judicial Magistrate Court, Kottayam, arraigning the following persons as accused.

“1. M/s. Kuttiyanickal Rubbers Pvt. Ltd., Represented by its Authorised Signatories, Mr. Kuruvila K Thomas, aged 64 years, S/o. Thomas Kuruvila, Kuttiyanickal H, Near YWCA, 31st Mile, Mundakayam, Near Post Office, Kottayam, Kerala-686513. (Mundakayam, Kottayam Police Station Limit)

2. Mr. Kuruvila K Thomas, Rep by its Authorised Signatories, M/s Kuttiyanickal Rubbers Pvt. Ltd., aged 64 years, S/o. Thomas Kuruvila, Kuttiyanickal H, Near YWCA, 31st Mile, Mundakayam, Near Post Office, Kottyam, Kerala-686513.”

Later on, the learned counsel for the second accused filed a Memo before the learned Magistrate, stating that the second accused was no more