Dismissed

Dr.P.Sudha v. State of Kerala and Another

Kerala HC1 Jul 2011Crl.MC/734/2011

Case brief

AI extract

What is this about?

The Court dismissed Criminal Miscellaneous petitions filed by an accused to quash proceedings for cheating, noting a prior rejection of a similar request in 2005. The Court stated that quashing remains possible if parties settle during the case's pendency.

What did the court decide?

Criminal miscellaneous cases dismissed; quashing of proceedings not granted pending possibility of settlement.

Dr.P.Sudha Vs State of Kerala and Another — Cheque Dishonour | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH

¶4

FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933

¶5

Crl.MC.No. 734 of 2011()

¶6

CC.494/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM

¶7

PETITIONER / ACCUSED NO.8 :

¶8

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

¶9

DR.P.SUDHA, DIRECTOR, CHAILESH ENTERPRISES PVT. LTD., W/O.SRI.RAMKRUPA, NO.64, MITHILA, MARUTHI LAYOUT, VIJAYNAGAR, BANGALORE.

¶10

BY ADV. SRI. S. RAJEEV

¶11

RESPONDENT(S):

¶12

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

¶13

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

¶14

2. M/S.HINDUSTAN LUBRICANTS CO.PVT.LTD., REGISTERED OFFICE: II FLOOR, CORPORATION BUS STAND BUILDING, KALOOR, ERNAKULAM - 682 018. LIMITED COMPANY, REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE SRI.PRASAD P. NAYAR, DY.GENERAL MANAGER, (ADMINISTRATION) OF THE COMPANY.

¶15

R1 BY PUBLIC PROSECUTOR SRI. V. MANU

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/07/2011, ALONG WITH CRMC NO. 735/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

¶18

...2/-

¶19

Crl.MC.No. 734 of 2011()

¶20

APPENDIX

¶21

PETITIONER'S ANNEXURE'S

¶22

ANNEXURE - I : CERTIFIED COPY OF THE COMPLAINT.

¶23

ANNEXURE - II : CERTIFIED COPY OF THE PROCEEDINGS IN CC NO. 494/2004.

¶24

ANNEXURE - III : COPY OF FORM NO. 32.

¶25

ANNEXURE - IV : COPY OF THE CHEQUE DATED 15.7.2003 FOR RS. 17,00,000/-

¶26

ANNEXURE - V : COPY OF THE LEGAL NOTICE DATED 08.08.2003.

¶27

ANNEXURE - VI : COPY OF THE REPLY NOTICE DATED 20.08.2003.

¶28

ANNEXURE - VII : COPY OF THE REPLY NOTICE DATED 19.08.2003.

¶29

ANNEXURE - VIII : COPY OF THE PETITION IN CRL.M.C. NO. 3774/2005.

¶30

ANNEXURE - IX : CERTIFIED COPY OF THE ORDER DATED 08.08.2008 PASSED IN CRL.M.C. NO. 3774/2005.

¶31

RESPONDENT'S ANNEXURE'S - NIL

//TRUE COPY//

P.A. TO JUDGE

THOMAS P. JOSEPH, J.

¶36

Crl. M.C No. 734 OF 2011 & Crl. M.C No. 735 OF 2011

¶37

DATED THIS THE 1^st DAY OF JULY, 2011

¶38

O R D E R

¶39

Petitioners request to quash proceedings against them in CC No.494 fo 2004 of Judicial First Class Magistrate-II, Ernakulam for offences punishable under Section 417, 420 read with Section 34 of IPC.

¶40

I have heard counsel for the petitioners and learned Public Prosecutor.

¶41

These petitioners had earlier approached this Court with a similar request in Crl. M.C No.3774 of 2005 but that request was rejected vide order dated August 8, 2008. In view of that, I am not inclined to entertain these Crl. M.Cs.

¶42

I make it clear that, if during pendency of the case parties are able to settle the case, it is open to the petitioners to approach this Court to quash proceedings notwithstanding this order and if otherwise they are entitled to that course.

¶43

Without prejudice to that right, this Criminal Miscellaneous cases are dismissed.

¶44

Sd/- THOMAS P. JOSEPH JUDGE

¶45

AMG

¶46

True copy

¶47

P.A to Judge

Dr.P.Sudha v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

Dr.P.Sudha v. State of Kerala and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nagendran Vs K.S.Santhosh

Zacharia Vs State of Kerala

Vidhyadharan Vs State of Kerala

M.C.Babu Vs State of Kerala

Shajahan Vs Mujeeb Rehman and Another

Abhayan Vs Dhanya