Dismissed

K.S.Sanjeev & Another v. Dr. K.S. Sheela and Anr.

Kerala HC26 May 2011Crl.MC/2902/2009

Case brief

AI extract

What is this about?

The Kerala High Court dismissed criminal miscellaneous petitions filed by accused under Section 138 of the Negotiable Instruments Act as infructuous, since the complaints were already dismissed under Section 256 of the CrPC, reserving the right to challenge later.

What did the court decide?

The criminal miscellaneous cases are dismissed as infructuous without prejudice to the petitioners' right to challenge the complaints at a later stage.

K.S.Sanjeev & Another Vs Dr. K.S. Sheela and Anr. — Cheque Dishonour | Kerala HC (2011)

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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 THOMAS P.JOSEPH

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THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933

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Crl.MC.No. 2902 of 2009()

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

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CC. 135/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHERTHALA.

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PETITIONER(S): ACCUSED

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1. K.S.SAJEEV,AGD ABOUT 44 YEARS, MANAGING PARTNER,THE KONCHERRY COIR FACTORIES, RESIDING AT KONCHERRY HOUSE,MAYITHARA.P.O, CHERTHALA SOUTH, ALAPPUZHA.

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2. K.S.SHIBU, AGED ABOUT 41 YEARS,PARTNER, THE KONCHERRY COIR FACTORIES,RESIDING AT KONCHERRY HOUSE,MAYITHARA.P.O,CHERTHALA SOUTHE, ALAPPUZHA.

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BY SRI.B.S.KRISHNAN, SENIOR ADVOCATE

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BY ADV. SRI.K.ANAND SMT.LATHA KRISHNAN

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RESPONDENT(S): COMPLAINANT & STATE

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1. K.S.SHEELA,D/O.C.V.SUSHEELAN,RESIDING AT "CHARANGATTU BUGLAW,CHERTHALA,ALLEPPEY DIST.

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2. STATE OF KERALA,REP;BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA.

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R2 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2011, ALONG WITH CRMC. NO.2903 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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tss

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THOMAS P JOSEPH, J.

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Crl.M.C.Nos.2902 and 2903 of 2009

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Dated this 26^th day of May, 2011

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COMMON ORDER

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These criminal miscellaneous cases are filed by the accused in C.C.Nos.135 of 2009 and 91 of 2009 of the Court of learned Judicial First Class Magistrate, Cherthala and learned Chief Judicial Magistrate, Alappuzha, respectively. Petitioners are accused of offence punishable under Sec.138 of the Negotiable Instruments Act in both the cases. At the time of hearing learned counsel for petitioners submitted that complaints in both the cases have been dismissed under Sec.256 of the Code of Criminal Procedure and hence these criminal miscellaneous cases are not pursued. Learned counsel submitted that petitioners right to challenge the complaints, if it is resurrected later, may be reserved.

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Resultantly these criminal miscellaneous cases are dismissed as infructuous without prejudice to the right of petitioners to challenge the complaints at a later stage if circumstances so warranted.

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(THOMAS P JOSEPH, JUDGE)

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Sbna/-

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/True Copy/

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P.A to Judge

K.S.Sanjeev & Another v. Dr. K.S. Sheela and Anr.

Case brief

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K.S.Sanjeev & Another v. Dr. K.S. Sheela and Anr.

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