Dismissed

P.K. Koyakutty v. the State of Kerala

Kerala HC8 Jul 2013Crl.MC/1959/2012

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a criminal Miscellaneous case filed by an accused challenging the institution of a cheque dishonour case. Relying on MSR Leathers v. Palaniappan, the court held that the lack of a complaint after the first notice did not bar legal action if a second notice was issued, rendering the petitioner's arguments devoid of merit.

What did the court decide?

Petition dismissed as devoid of merit.

P.K. Koyakutty Vs the State of Kerala — Cheque Dishonour | Kerala HC (2013)

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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 V.K.MOHANAN

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MONDAY, THE 8TH DAY OF JULY 2013/17TH ASHADHA, 1935

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Crl.MC.No. 1959 of 2012 ()

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(AGAINST THE ST NO.242/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKKANCHERY, THRISSUR DISTRICT) PETITIONER/ACCUSED: -------------------

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P.K. KOYAKUTTY, AGED 51, S/O.P.K.MUHAMMED RESIDING AT POOKKADASSERY HOUSE, PUTHUPADY P.O. KOTHAMANGALAM, ERNAKULAM. BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH

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RESPONDENT(S)/COMPLAINANT(S):

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1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031.

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2. MOITHEEN AGED 56, S/O.PAREETH HAJI, RESIDING AT PALLATHU HOUSE CHERUTHURUTHY AMSOM DESOM, THALAPPILLY TALUK REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SUHARA AGED 42, W/O.YOUSUF, PULICHARAN HOUSE PARANOOR P.O., THRISSUR-680 001. R2 BY ADV. SRI.T.RAJASEKHARAN NAIR R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1959 of 2012 ()

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APPENDIX

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PETITIONER(S) EXHIBITS:

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ANNEXURE A1: THE CERTIFIED COPY OF ST NO.242/12 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKKANCHERY DATED 23/1/12.

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ANNEXURE A2: TRUE COPY OF THE DEATH CERTIFICATE 21/10/10 ISSUED BY THE EMBASSY OF INDIA ABHUDHABI.

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ANNEXURE A3: TRUE COPY OF THE OS NO.12/11 ON THE FILES OF SUBORDINATE COURT MUVATTUPUZHA DATED 11/1/11.

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ANNEXURE A4: TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE CHIEF JUSTICE SHARIA COURT ABU DHABI.

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ANNEXURE A5: TRUE COPY OF THE COMPLAINT DATED 1/10/2011 PREFERRED BEFORE THE DISTRICT POLICE SUPERINTENDENT.

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ANNEXURE A6: TRUE COPY OF THE COMPLAINT DATED 11/10/11 PREFERRED BY THE PETITIONER BEFORE THE DY S.P OF POLICE MUVATTUPUZHA.

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ANNEXURE A7: TRUE COPY OF THE COMPLAINT DATED 13/10/11 FILED BEFORE THE JFCM COURT KOTHAMANGALAM.

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ANNEXURE A8: TRUE COPY OF THE FIR DATED 21/10/2011 IN CRIME NO.1132/11 OF KOTHAMANGALAM POLICE STATION.

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ANNEXURE A9: TRUE COPY OF THE INTIMATION DATED 22/10/11 ISSUED BY THE PETITIONER TO THE ICICI BANK MUVATTUPUZHA BRANCH.

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ANNEXURE A10: TRUE COPY OF THE LAWYER NOTICE DATED 4/11/11.

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ANNEXURE A11: TRUE COPY OF THE CHEQUE NO.911646 DRAWN ON ICICI BANK LTD .MUVATTUPUZHA BRANCH DATD 24/9/11.

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ANNEXURE A12: TRUE COPY OF THE DISHONOR MEMO DATED 22/11/11 ISSUED BY THE ICICI BANK MUVATTUPUZHA.

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ANNEXURE A13: TRUE COPY OF THE 2ND DEMAND NOTICE DATED 13/12/11.

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ANNEXURE A14: TRUE COPY OF THE REPLY NOTICE DATED 26/12/11.

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ANNEXURE A15: TRUE COPY OF THE AFFIDAVIT WITH PETITION DATED 23/3/12 FILED BEFORE JFCM KOTHAMANGALAM IN CRIME NO.1132/11.

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ANNEXURE A16: TRUE COPY OF THE REPORT OF THE CIRCLE INSPECTOR OF POLICE KOTHAMANGALAM DATED 31/3/12 IN CMP NO.547/12 IN CRIME NO.1132/11.

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RESPONDENTS' EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE

V.K.MOHANAN, J.

Crl.M.C.No. 1959 of 2012

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Dated this the 8^th day of July, 2013

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O R D E R

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The petitioner who is the accused in S.T.No.242 of 2012 pending before the Judicial First Class Magistrate Court,

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Vadakkanchery aggrieved by the institution of the case, preferred the above Crl.M.C under Section 482 of Cr.P.C stating that the trial court has committed a mistake in taking cognizance upon the complaint preferred by the respondent herein since Annexure-A13 notice is not valid. In support of this contention, the petitioner very much relied upon the decision reported in Sadanandan Bhadran v. Madhavan

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Sunil Kumar [(1998) 6 SCC 514).

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Now the position is settled by the recent decision of the Apex Court in MSR Leathers v. Palaniappan [2012 (4) KLT 136 (SC)]wherein the Apex Court has held that the non filing of complaint after first dishonour and first statutory notice does not tantamount to absolution of the offender or forfeiture of the right to claim. Thus the position is crystal clear that even a complaint can be, properly constituted upon a notice issued on the second time, though no complaint was filed after issuing the first notice. Therefore the grounds raised

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Crl.M.C.No. 1959 of 2012

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by the petitioner in the above Crl.M.C, no longer treated as a valid ground in the light of the recent decision of the Supreme Court in MSR Leathers v. Palaniappan [2012 (4) KLT 136 (SC)]. Learned counsel for the petitioner submitted that S.T No.242 of 2012 was instituted in the court below on the basis of the power of attorney executed in favour of one Suhara, aged 42, W/o.Yousuf, Pulicharan House, Paranoor P.O, Thrissur 690001. But the said power of attorney is canceled if the petitioner has got such a contention it is free to raise the said facts and contentions before the court below and seek appropriate orders.

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Accordingly, this petition is dismissed as devoid of any merit.

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V.K.MOHANAN Judge

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mns/

P.K. Koyakutty v. the State of Kerala

Case brief

What is this about?

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P.K. Koyakutty v. the State of Kerala

Case brief

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