Petitioner accused of cheque bounce challenged the validity of the complaint under Section 482 Cr.P.C. The court perused the complaint and found it disclosed all necessary elements for prosecution, dismissing the petition as meritless and an experimental proceeding.
Criminal M.C. No. 4153 of 2014 was dismissed as meritless.
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 P.UBAID
THURSDAY, THE 18TH DAY OF SEPTEMBER 2014/27TH BHADRA, 1936
Crl.MC.No. 4153 of 2014 ()
IN CC 2659/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT – VII, ERNAKULAM
PETITIONER(S)/PETITIONERS/ACCUSED 2 & 3:
1. HASEEB HANEEF AGED 40 YEARS S/O HANEEF, SHIHAB MANZIL, LAJNATH WARD ALAPPUZHA.
2. NOUSHAD AGED 42 YEARS S/O SHEREEF @ ATHA, NAVAROJIPURAYIDOM H.NO.34/261 BHEEMA MANZIL, LAJNATH WARD, ALAPPUZHA BEHIND KLDC OFFICE.
BY ADVS.SRI.M.D.SASIKUMAR SRI.GEORGE MATHEW SRI.BIJILY JOSEPH SRI.SUNIL KUMAR A.G SRI.DIPU JAMES
RESPONDENT(S)/RESPONDNETS/COMPLAINANT AND STATE:
1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SADHIQUE ALI S/O M.P.M. MEERAN, RESIDING AT KATTIKATTU HOUSE C/O NIXON, KADAVANTHARA, KOCHI-682 020.
R1 BY PUBLIC PROSECUTOR SMT. P. MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4153 of 2014 ()
APPENDIX
PETITIONER(S)' EXHIBITS :
ANNEXURE A1: TRUE COPY OF COMPLAINT DATED 25.4.2006 IN C.C.NO.2659 OF 2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT VII, ERNAKULAM.
RESPONDENT(S)' EXHIBITS: NIL
sab
/TRUE COPY/
PA TO JUDGE
P.UBAID, J.
-----------------------------
Crl. M.C No. 4153 of 2014
---------------------------------------
Dated this the 18th day of September, 2014.
O R D E R
The petitioner herein is the accused in C.C No. 2659 of 2010 of Judicial First Class Magistrate Court – VII, Ernakulam. He has been facing prosecution on the allegation that a cheque issued by him in favour of the complainant (second respondent herein) happened to be bounced due to insufficiency of funds, and in spite of statutory notice he did not make payment of the cheque amount. Now he has brought this petition, under Section 482 Cr.P.C, to quash the very complaint itself on the ground that the complaint filed by the complainant does not disclose any cause of action.
Crl. M.C No. 4153 of 2014 2
more is required to reveal a cause of action for a prosecution under Section 138 of the Negotiable Instruments Act. It appears that this petition is a mischievous one, brought as an experimental proceeding when the court below issued warrant of arrest against the petitioner. I find that this petition is liable to be dismissed as merit less.
In the result this Crl.M.C is dismissed as merit less.
P.UBAID, JUDGE
sab
/TRUE COPY/
PA TO JUDGE
2 issues framed by the court
Whether a complaint under Section 138 of the Negotiable Instruments Act discloses a cause of action.
Whether Criminal M.C. No. 4153 of 2014 seeking quashing of a Section 138 complaint is liable to be dismissed as meritless.
2 provisions across 2 enactments
HASEEB HANEEF
SADHIQUE ALI
THE STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
