The High Court of Kerala quashed criminal proceedings initiated against four accused for a cheque dishonour. The court ordered quashing after the complainant confirmed receipt and encashment of the cheque and subsequent settlement of the matter.
Further proceedings initiated pursuant to the FIR in Crime No. 729/2005 were quashed.
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. 4421 of 2005(H) ------------------------(CRIME NO:729/2005 OF JFCM, CHANGANACHERRY)
PETITIONER(S): ACCUSED
----------------------
1. PRADEEP CHERIAN, SALES EXECUTIVE, SOTC CORPORATE TOURS, VALLUVARKOTTOM HIGH ROAD, NUNGAMBAKKAOM, CHENNAI -34.
2. DEVANAND, BRANCH MANAGER, SOTC CORPORATE TOURS, VALLUVARKOTTOM HIGH ROAD, NUNGAMBAKKOM, CHENNAI-34.
3. JAYAN JOSEPH, ASSISTANT MANAGER SALES, SOTC CORPORATE TOURS, MULLOTH BUILDING, OPPT: STANDARD CHARTERED BANK, RAVIPURAM, KOCHI-16.
4. ABDUL KHALIQUE, GENERAL MANAGER(SOUTH), SOTC CORPORATE OFFICE, SOTC CORPORATE TOURS, SOTC HOUSE NO. 134, 1ST FLOOR, VALLUVARKOTTAM HIGH ROAD, NUMGAMBAKKOM, CHENNAI.
BY ADVS. SRI.SANTHOSH MATHEW
SRI.SATHISH NINAN
RESPONDENT(S): STATE & COMPLAINANT ----------------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. ELIZABETH MATHEW, W/O.K.J.MATHEW, I.P.S, KAINIKKARA HOUSE, MADUKKAMOODA, INDUSTRIAL NAGAR P.O., CHANGANACHERRY TALUK, KOTTAYAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R2 BY ADVS. SRI.M.BALAGOVINDAN SRI.M.R.SASITH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4421 of 2005(H)
APPENDIX
PETITIONERS ANNEXURES
RESPONDENTS ANNEXURES NIL
//TRUE COPY//
P.A.TO JUDGE
JJJ
N.K. BALAKRISHNAN, J.
Crl. M.C. No: 4421 OF 2005 (H)
Dated this the 23rd day of November, 2011
O R D E R
In the light of the statement filed by the counsel for the second respondent that the second respondent has received Annexure III cheque and it was encashed and that thereafter, the matter has been settled, further proceedings initiated in pursuance to Annexure II F.I.R. in Crime No:729/2005 of Changanassery Police Station, will stand
quashed.
N.K. BALAKRISHNAN, JUDGE
jjj
1 issue framed by the court
Whether criminal proceedings under Section 138 of the Negotiable Instruments Act stand quashed after settlement.
PRADEEP CHERIAN
DEVANAND
JAYAN JOSEPH
ABDUL KHALIQUE
STATE OF KERALA
ELIZABETH MATHEW
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
