Partly allowed

Skaria v. State of Kerala

Kerala HC5 Jul 2007Crl.MC/3423/2004

Case brief

AI extract

What is this about?

In a criminal miscellaneous appeal under Section 482 Cr.P.C., the Kerala High Court dismissed the petition seeking to quash an order refusing the accused's request to send a cheque for handwriting comparison. The Court held the trial court's view on material alteration was sustainable, relying on 2004 (2) KLT 108, but directed the F.C.M. of Mannarkkad to dispose of the old pending case within thre

What did the court decide?

Petition dismissed; case remanded to Magistrate to conclude trial within three months.

Skaria Vs State of Kerala — Cheque Dishonour | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH JULY 2007 / 14TH ASHADHA 1929

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Crl.MC.No. 3423 of 2004() ------------------------AGAINST THE ORDER DATED 29/11/2004 IN CMP 6296/04 IN ST.2553/2000 of SESSIONS COURT, PALAKKAD ....................

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PETITIONER: ACCUSED:

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SKARIA, AGED 45 YEARS, PRINCIPAL, PLATO ACADEMY, AGALI P.O. MANNARKKAD TALUK, PALAKKAD DISTRICT.

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BY ADV. SRI.M.V.HARIDAS MENON

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RESPONDENTS: COMPLAINANT/COUNTER PETITIONER:

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STATE OF KERALA, REP. BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM.

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AGASTIAN, S/O.AGASTY, AGED 40 YEARS, NAKKUPPATHY, AGALI P.O. MANNARKKAD TALUK, PALAKKAD DISTRICT.

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BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR SRI.KALLADA K.SUKUMARAN SMT.K.VIJAYAMMA

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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*** * * * * * * * * * * * * * * * * * Crl.M.C. No. 3423 of 2004**

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*** * * * * * * * * * * * * * * * * * Dated, this the 5**^th day of July 2007

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ORDER

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In this petition filed under Sec. 482 Cr.P.C., the petitioner seeks to quash the order dated 29-11-2004 in C.M.P. No. 6296 of 2004 in S.T. 2553/2000 on the file of the J.F.C.M., Mannarkkad. In the above case, the petitioner is prosecuted by the 2^nd respondent/complainant for an offence punishable under Section 138 of the N.I.Act, 1881 for the alleged dishonour of Ext.P1 cheque for a sum of Rs. 1,00,000/-. The above petition was filed by the petitioner accused seeking to send the cheque in question to the handwriting expert for comparison. According to the accused a blank signed, cheque given by the accused to the complainant a money lender as security for the borrowal of Rs. 5,000/- was dishonestly converted into a cheque for Rs. 1 lakh. The learned Magistrate was of the view that the accused having admitted his signature in the cheque, the other writings in the cheque by somebody other than the accused to the would necessarily amount to material alteration. The said view taken by the Magistrate cannot be said to be illegal or unsustainable. The

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Crl.M.C. 3423 of 2004

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-:2:-

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refusal to send the cheque to the handwriting exper cannot be interfered with especially in the light of the decision reported in

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2004 (2) KLT 108.

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This petition is accordingly dismissed. Since the case is an old one which has been pending before the Magistrate for seven years, the Magistrate shall make every earnest endeavour to dispose of the case expeditiously and, at any rate, within three months of receipt of a copy of this order failing which he shall send a report to this court through proper channel explaining the reasons as to why the above time limit could not be adhered to.

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V. RAMKUMAR, (JUDGE)

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ani.

Skaria v. State of Kerala

Case brief

What is this about?

What did the court decide?

Skaria v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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