Dismissed

P.K.Manoharan v. P.K.Krishnakumari and Another

Kerala HC6 Oct 2010Crl.MC/420/2010

Case brief

AI extract

What is this about?

The High Court of Kerala considered a petition under Section 482 CrPC to quash an order dismissing an application for joint trial. The court held that a cheque dishonour case (Section 138 NI Act) cannot be tried jointly with a case involving forgery and cheating (Sections 420, 468 IPC).

What did the court decide?

Petition to quash the order dismissing the joint trial application is dismissed. Both cases shall be disposed of by the same Magistrate but kept separate.

P.K.Manoharan Vs P.K.Krishnakumari and Another — Cheque Dishonour | Kerala HC (2010)

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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 WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932

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Crl.MC.No. 420 of 2010()

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----------------------------------CMP 4071/09 IN STC.1026/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR

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PETITIONER-PETITIONER-COMPLAINANT

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

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P.K. MANOHARAN, SON OF LATE P.V. BALAKRISHNAN NAIR,'RAJESWARI BHAVAN', AZHIKODE P.O, KANNUR DISTRICT.

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BY ADV. SRI.M.RAMESH CHANDER,

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SRI.ANEESH JOSEPH.

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RESPONDENTS-RESPONDENT-ACCUSED & STATE

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

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1. P.K. KRISHNAKUMARI, D/O.P.V. BALAKRISHNAN NAIR, 12/A CONTONMENT, NEAR GOVERNMENT GUEST HOUSE, KANNUR-2.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31.

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R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. R1 BY ADV. SRI.SUNIL NAIR PALAKKAT, SMT.R.LEELA, SRI.K.N.ABHILASH.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/10/2010, 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.420 OF 2010 --------------------------------------------- Dated 6^th October, 2010

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O R D E R

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Petition is filed under Section 482

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of Code of Criminal Procedure to quash Annexure-IV order passed by Judicial First Class Magistrate Court-I, Kannur dismissing C.M.P.4071/2009. C.M.P.4071/2009 was filed for joint trial of C.C.334/2007 with S.T.1026/2005. Petition is filed under Section 482 of Code of Criminal Procedure to quash that order.

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Learned counsel appearing for the petitioner and first respondent were heard.

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S.T.1026/2005 was taken cognizance

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for the offence under Section 138 of

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Negotiable Instruments Act on a dishonoured cheque. C.C.334/2007 was taken cognizance on a final report submitted alleging offence under

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Crmc 420/10

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Sections 468 and 420 of Indian Penal Code.

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Prayer of the accused in C.C.334/2007 who is

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the complainant in S.T.1026/2005 is that C.C.334/2007 is to be tried joinly with S.T.1026/2005.

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The case taken cognizance for the

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offence under Section 138 of Negotiable

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Instruments Act cannot be tried jointly with a

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case alleging that the cheque was the result of forgery and cheating. Therefore, I find no reason to interfere with Annexure-IV order. It

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is made clear that the same Judicial First Class Magistrate shall dispose both the cases.

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Petition is disposed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

P.K.Manoharan v. P.K.Krishnakumari and Another

Case brief

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P.K.Manoharan v. P.K.Krishnakumari and Another

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