Petitioner, 2nd accused in cheque bounce case, challenged maintenance complaint. Court dismissed Criminal M.C. without prejudice, noting no grounds for quash, and advised invoking Section 317(3) Cr.P.C for appearing by advocate.
Criminal Misc. Case dismissed without prejudice; petitioner directed to invoke Section 317(3) Cr.P.C for appearance by advocate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929
Crl.MC.No. 85 of 2008()
----------------------CC.636/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA
PETITIONER: 2ND ACCUSED:
AJITHA PRADEEP, W/O. PRADEEP,
NATIONAL BUNGLOW, KANICHUKULANGARA P.O.,CHERTHALA.
BY ADV. SRI.C.K.SAJEEV
RESPONDENTS: COMPLAINANT & STATE:
BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR , J.
==========================
CRL.M.C. No. 85 of 2008
========================== Dated this the 11th day of January, 2008.
ORDER
The petitioner, who is the 2nd accused in C.C. No. 636/2005 on the file of the Judicial First Class Magistrate-I, Cherthala, challenges Annexure-I complaint filed by the 1st respondent herein against the petitioner and her husband with regard to the dishonour of cheque for a sum of Rs.2 lakhs allegedly borrowed by the husband of the petitioner herein on 16.06.2004.
CRL. M.C. NO. 85/2008 : 2 :
no grounds have been made out to quash the complaint. This M.C. Is accordingly dismissed without prejudice to the right of the petitioner to raise all the defences available to her before the court below. The petitioner may invoke Section 317(3) Cr.P.C before the Magistrate for excusing her personal appearance before court prior to the commencement of the trial and if and when such an application is filed, the same shall be considered by the Magistrate and appropriate order shall be passed.
V. RAMKUMAR, JUDGE.
rv
CRL. M.C. NO. 85/2008 : 3 :
2 issues framed by the court
Whether grounds have been made out to quash the maintenance complaint regarding dishonour of cheque.
Whether the petitioner can invoke Section 317(3) Cr.P.C to excuse personal appearance prior to trial.
2 provisions across 2 enactments
AJITHA PRADEEP
STATE OF KERALA
V.O. JOSEPH
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
