Allowed

Shibu v. State of Kerala and Another

Kerala HC7 Aug 2009Crl.MC/1445/2009

Case brief

AI extract

What is this about?

The High Court of Kerala allowed petitions filed under Section 482 CrPC to quash complaints regarding dishonoured cheques under Section 138 of the Negotiable Instruments Act. The court quashed the proceedings after accepting a joint statement confirming the complainant received the entire due amount and had no objection to termination.

What did the court decide?

Criminal Misc. Cases Crl.MC.No.1445/09 and 1446/09 allowed; underlying S.T.4804/2008 and S.T.4805/2008 quashed.

Shibu Vs State of Kerala and Another — Cheque Dishonour | Kerala HC (2009)

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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 M.SASIDHARAN NAMBIAR

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FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931

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Crl.MC.No. 1445 of 2009()

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-----------------------------------ST.4804/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, NORTH PARAVUR ....................

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PETITIONER/ACCUSED IN THE COURT BELOW

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--------------------------------------------------------------------

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SHIBU, PROPRIETOR, EMPIRE ENTERPRISES, KALLARA P.O., THIRUVANANTHAPURAM-695 608.

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BY ADV. MR.K.B.PRADEEP

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RESPONDENTS/STATE AND COMPLAINANT IN THE COURT BELOW

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-------------------------------------------------------------------------------------------------

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

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2. SANLEE ASSOCIATES, BRANCH AT INDUSTRIAL DEVELOPMENT AREA, EDAYAR, BINANIPURAM P.O., ALUVA-683 502, REPRESENTED BY ITS MANAGING PARTNER SHRI. P.G.SIMON.

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R1 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R2 BY ADV. MR.K.S.AJAYAGHOSH.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/08/2009, ALONG WITH CRMC NO. 1446 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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M.SASIDHARAN NAMBIAR,J.

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CRL.M.C.NO.1445/09 & 1446/09

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Dated 7^th August 2009

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O R D E R

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Petitioner is the same accused in S.T.4804/2008 and S.T.4805/2008 on the file of Judicial First Class Magistrate, North Paravur. Second respondent is the same complainant. Learned Magistrate has taken cognizance of the offence under Section 138 of Negotiable Instruments Act in both the cases. These petitions are filed under Section 482 of Code of Criminal Procedure to quash the complaints pending before the learned Magistrate. A joint statement is filed by the petitioner and second respondent stating that second respondent has received the entire amount due from petitioner in respect of the cheques involved in the cases and therefore second respondent has no objection for terminating the proceedings by quashing the same.

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Negotiable Instruments Act is compoundable under Section 147. Second respondent has admitted that he

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CRMC 1445/09 & 1446/09

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has received the amount covered by the dishonoured cheques involved in the cases and reported no objection for quashing the proceedings. Hence the petitions are allowed. S.T.4804/2008 and S.T.4805/2008 on the file of Judicial First Class Magistrate, North Paravur are quashed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

Shibu v. State of Kerala and Another

Case brief

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Shibu v. State of Kerala and Another

Case brief

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