Half-bench order quashing criminal proceedings against one accused in a cheque dishonour case, subject to a condition for re-proceeding if the accused becomes liable despite established defenses.
Order of quashment passed against Bhageerathi Bai subject to condition of re-proceeding if accused becomes liable.
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 N.K.BALAKRISHNAN
WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933
Crl.MC.No. 2117 of 2010(B)
------------------------ST.574/2008 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM ....................
PETITIONER(S): ACCUSED
----------------------
1. BHAGEERATHI BAI, W/O.KARBASAPPA KAPADE, PLOT NO.74, KAVERI NAGAR, G.D.A.ROAD, GULBARGA, STATE OF KARNATAKA.
2. PARAKASH SIVA SARMA, PLOT NO.74, KAVERI NAGAR G.D.A.ROAD, GULBARGA, STATE OF KARNATAKA.
3. MAHESH KAPADE, S/O. KARBASAPPA KAPADE, PLOT NO.74, KAVERI NAGAR, G.D.A.ROAD, GULBARGA, STATE OF KARNATAKA.
RESPONDENT(S): COMPLAINANTS
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1. PURE PETRO CHEM INDIA (P) LTD, PENTA CITY TOWER KILLIPPALAM, THIRUVANANTHAPURAM.
REP.BY K.R.PADMA KUMAR, MANAGING DIRECTOR PIN-695001.
2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
R1 BY ADV. SRI.D.AJITHKUMAR R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2117 of 2010(B)
APPENDIX
PETITIONERS ANNEXURES
4. COPY OF THE CERTIFICATE ISSUED BY SYNDICATE BANK, STATION BAZAR, GULBARGA DATED 20.10.2010
RESPONDENTS ANNEXURES
R1(A): COPY OF LETTER OF PROPRIETORSHIP DATED 16.11.2005
//TRUE COPY//
P.A.TO JUDGE
JJJ
N.K. BALAKRISHNAN, J.
Crl. M.C. No: 2117 OF 2010 (B)
Dated this the 23rd day of November, 2011
O R D E R
The petitioners are accused Nos: 3 to 5 in S.T. No:574/2008 pending before Additional Chief Judicial Magistrate, Thiruvananthapuram. The first respondent filed a complaint against the petitioners and other accused under section 138 of Negotiable Instruments Act. Two other complaints were also filed against the petitioners and others by the very same complainant in respect of other cheques.
The contentions which are advanced by the petitioners in this case were similar to the contentions advanced in Cr.M.C. No:1513/2010. Here also, Exhibit R1 (a), which was the document referred to as Exhibit R1(a) in Cr.M.C. No:1513/2010 has been produced by the complainant. The contentions raised by both sides have
Crl. M.C. No: 2117 OF 2010 (B) -2-
been dealt with in Cr.M.C. No: 1513/2010. Similar contentions are advanced in this case also. I think it is not necessary to reiterate those contentions in this order also. The Order in Cr.M.C. No:1513/2010 can be read as part of this Order.
It was reported that A4 and A5 were deleted from the party array. The grievance voiced in this petition is by A3, a woman, who is aged more than 80 years. As held in the earlier case, it is found that the case as against A3 (Smt.Bhageerathi Bai) can be quashed but only subject to the condition as mentioned in the other case, that if A2 who was in charge of or responsible for the conduct of the business at the relevant time tries to saddle the liability on this petitioner and if the learned Magistrate finds, after evidence is adduced, that this petitioner (A3) is also, in fact, liable to be proceeded against, then the learned Magistrate
Crl. M.C. No: 2117 OF 2010 (B)
-3-
can implead the petitioner (A3) in this case. As held in the other case, Order of quashment of the case against this petitioner (A3) is only to the extent indicated earlier.
This petition is disposed of accordingly.
N.K. BALAKRISHNAN, JUDGE
jjj
1 issue framed by the court
Whether to quash criminal proceedings against Bhageerathi Bai (Accused No.3) in proceedings for offences under section 138 of the Negotiable Instruments Act.
1 provisions across 1 enactments
BHAGEERATHI BAI
PARAKASH SIVA SARMA
MAHESH KAPADE
PURE PETRO CHEM INDIA (P) LTD
STATE OF KERALA
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
