On acceptance of deposit made by the accused in two cheque bounce cases before the magistrate, the High Court terminated the criminal proceedings against him and allowed the complainants to receive the deposited amounts as compensation.
Criminal proceedings in two cheque cases terminated; deposited amounts released to complainants.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
WEDNESDAY, THE 3RD DAY OF OCTOBER 2012/11TH ASWINA 1934`
Crl.MC.No. 2302 of 2008 ( )
ST.72/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT,VAIKOM
PETITIONER(S)/ACCUSED:
SHARABUDEEN, S/O. ABDUL REHIM, PARTNER, GANI AND COMPANY, CENTRAL STATION ROAD TRIVANDRUM-1.
BY ADV. SRI.R.GOPAN
COMPLAINANT(S)/RESPONDENTS:
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. ACHAMMA JOSEPH, W/O. A.J. GEORGE, PROPRIETOR, ARYATHEL ENTERPRISES, THALAPPARA THALAYOLAPARAMBU, KOTTAYAM -05.
BY ADV. PUBLIC PROSECUTOR SMT. R. REMA
R,R2 BY ADV. SRI.E.K.NANDAKUMAR R,R2 BY ADV. SRI.A.K.JAYASANKAR NAMBIAR R,R2 BY ADV. SRI.K.JOHN MATHAI R,R2 BY ADV. SRI.P.BENNY THOMAS R,R2 BY ADV. SRI.P.GOPINATH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-10-2012, ALONG WITH CRMC. 2310/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2302 of 2008 ( )
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A: CERTIFIED COPY OF THE CHEQUE NO.561190 DATED 24.08.2007 OF UNION BANK OF INDIA, CHALAI BAZAR, THIRUVANANTHAPURAM
ANNEXURE B: PHOTOCOPY OF THE ADVOCATE NOTICE DATED 11.12.2007
ANNEXURE C: PHOTOCOPY OF THE SUMMONS IN S.T.NO.72/2008 DATED 13.02.2008 ANNEXURE D: CERTIFIED COPY OF THE COMPLAINT IN S.T.NO.72/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM.
PETITIONERS ANNEXURES: NIL
//TRUE COPY//
P.A. TO JUDGE.
dlk
S.S.SATHEESACHANDRAN,J.
Crl.M.C.Nos. 2302, 2310 of 2008
Dated this the 3rd day of October, 2012
O R D E R
Common petitioner in the above two petitions is
proceeded in two cheque cases involving the offence under Section 138 of the Negotiable Instruments Act (for short 'the N.I.Act') on two complaints filed by the common second respondent. Cheque amount involved in such complaints, one of them was for Rs.10,000/- and the other for Rs.6,396/-. When these petitions were admitted on file on interim orders issued, petitioner had deposited a sum of Rs.20,000/-, that is Rs.10,000/- each in both the complaint cases as directed. That amount continues to be in deposit for the last more than five years. Accepting the amount so deposited in the cases and allowing the complainant to receive the same as compensation, further proceedings in the complaint cases against the petitioner be dropped, is the submission of the learned counsel for the petitioner/accused in the aforesaid complaint cases. Learned counsel appearing for the second
Crl.M.C.Nos. 2302, 2310 of 2008
2
respondent/complainant has no objection in passing orders as requested for.
Both the petitions are disposed of.
S.S.SATHEESACHANDRAN,JUDGE.
dlk
2 issues framed by the court
Whether criminal proceedings under Section 138 of the N.I. Act can be terminated upon deposit of cheque amounts.
Whether admitted criminal appeal petitions shall be accepted upon deposit of amounts and withdrawal of complaints.
1 provisions across 1 enactments
Sharabudeen
State of Kerala
Achamma Joseph
S.S. Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
