Disposed

Hariharan & Another v. Edassery Agencies & Another

Kerala HC4 Apr 2008Crl.MC/1155/2008

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a criminal miscellaneous petition where accused persons sought joint trial of two pending cheque bounce cases arising from the same transaction under Section 219 Cr.P.C., ordering the trial court to consider the petition after hearing interested parties.

What did the court decide?

Directed the J.F.C.M.II Thrissur to consider and pass appropriate orders on the petition for joint trial after hearing the persons interested.

Hariharan & Another Vs Edassery Agencies… — Contract and Commercial Disputes | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930

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Crl.MC.No. 1155 of 2008()

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ST.4251/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR

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PETITIONER: ACCUSED

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HARIHARAN, MANAGING DIRECTOR, HAMARA FOODS PRIVATE LIMITED, 39/341, MULLASSERY CANAL ROAD, ERNAKULAM.

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R.R.S RAJU, DIRECTOR, HAMARA FOODS PRIVATE LIMITED, 39/341, MULLASSERY CANAL ROAD, ERNAKULAM.

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BY ADV. SRI.A.BALAGOPALAN

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SRI.A.RAJAGOPALAN

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RESPONDENTS: COMPLAINANT

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EDASSERY AGENCIES, THRISSUR, REPRESENTED BY ITS PROPRIETOR SAJU.

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.M.S. BREEZE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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*** * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1155 of 2008**

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*** * * * * * * * * * * * * * * * * * Dated: 04-04-2008**

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ORDER

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Petitioners are the common accused in S.T. No. 4251 of 2003 and C.C. No. 619 of 2005 on the file of the J.F.C.M.II, Thrissur. Both are prosecutions under Section 138 of the Negotiable Instruments Act, 1881 and the complainant in those cases is also the same person who is the first respondent herein. According to the petitioners both the cases arose out of the same transaction and both the cases now pending before the above Court are to be jointly tried in view of Sec. 219 Cr.P.C. and the decision reported in 1996 (1) KLT 534. The grievance of the petitioner is that Annexure 3 petition filed on 5-112006 before the J.F.C.M. seeking joint trial has not been ordered so far.

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This Crl.M.C. is accordingly disposed of directing the J.F.C.M.II Thrissur to consider and pass appropriate orders in accordance with law on Annexure 3 petition for joint trial after hearing the persons interested.

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V. RAMKUMAR, (JUDGE)

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ani.

Hariharan & Another v. Edassery Agencies & Another

Case brief

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Hariharan & Another v. Edassery Agencies & Another

Case brief

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