Allowed

T Padmajan, Managing Director,M/S.Shoreline Lifestyle Pvt.Ltd v. State of Kerala

Kerala HC8 Oct 2015Crl.MC/1419/2015

Case brief

AI extract

What is this about?

Justice B. Kemal Pasha allowed the Criminal Miscellaneous Petition and quashed the complaint and all subsequent proceedings in C.C. No. 291/2015. The court held that since the accused and the complainant had amicably settled the matter under Section 147 and the accused received all dues, the offence was compounded, rendering further proceedings unnecessary.

What did the court decide?

Quashed the complaint in C.C. No. 291/2015 and all further proceedings pursuant to it.

T Padmajan, Managing Director,M/S.Shoreline Lifestyle… — Cheque Dishonour | Kerala HC (2015)

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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 B.KEMAL PASHA

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THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937

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Crl.MC.No. 1419 of 2015 ()

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--------------------------CC.NO. 291/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I,KOCHI

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PETITIONER/ACCUSED NO.1:-

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T. PADMAJAN,

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MANAGING DIRECTOR, M/S.SHORELINE LIFESTYLE PVT. LTD., 28/3377, FIRST FLOOR, MENON'S COMPLEX, KADAVANTHRA, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

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BY ADVS.SRI.P.CHANDRASEKHAR

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SRI.P.A.MOHAMMED SHAH SRI.SOORAJ T.ELENJICKAL SMT.P.M.MAZNA MANSOOR

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RESPONDENT(S)/(STATE-COMPLAINANT):-

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

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2. SUNANDAPPAN,

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S/O.AYAPPAN, 'ANUGRAHA', PUNNAPRA, PARAVUR VILLAGE, AMPALAPUZHA TALUK, ALAPPUZHA DIST - 688 004.

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R1 BY PUBLIC PROSECUTOR SMT. P.MAYA

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R2 BY ADVS. SRI.M.D.SASIKUMARAN

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SRI.K.S.HARIHARAPUTHRAN

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SRI.GEORGE MATHEW

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SRI.SUNIL KUMAR A.G

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SRI.DIPU JAMES

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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Crl.MC.No. 1419 of 2015 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEX I. THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN CRL.M.C 186/2012 DATED 14.06.2014. ANNEX II. THE CERTIFIED COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI IN CMP NO.192/2015 DATED 23.02.2015.

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ANNEX III. THE CERTIFIED COPY OF THE COMPLAINT IN CC NO.291 OF 2015 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI.

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RESPONDENT(S)' ANNEXURES:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

B. KEMAL PASHA, J.

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Crl.M.C. No.1419 of 2015 B

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Dated this the 8^th day of October, 2015

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O R D E R

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~ ~ ~ ~ ~ ~

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The matter relates to C.C.No.291/15 pending

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before the Judicial First Class Magistrate's Court-I, Kochi, in respect of an offence punishable under Section 138 of the Negotiable Instruments Act.

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The 3^rd accused, and the complainant, who is the 2^nd respondent herein, have jointly filed a compromise petition under Section 147 of the Negotiable Instruments Act before this Court stating that the matter has been amicably settled between the parties, and that the 2^nd respondent has received all the moneys due to him from the accused. Matters being so, the offence is treated as compounded and the same has got the effect of acquittal within the meaning of Section 320(8) Cr.P.C. Hence, there is no meaning in proceeding with the matter further. Therefore, Annexure-III

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Crl.M.C.1419/2015

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: 2 :

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complaint and all further proceedings pursuant to it in C.C.No.291/2015 on the file of the Judicial First Class Magistrate's Court-I, Kochi are liable to be quashed.

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In the result, this Crl.M.C. is allowed and Annexure-III complaint and all further proceedings pursuant to it in C.C.No.291/2015 on the file of the Judicial First Class Magistrate's Court-I, Kochi are hereby quashed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/08/10

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// True Copy //

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PA to Judge

T Padmajan, Managing Director,M/S.Shoreline Lifestyle Pvt.Ltd v. State of Kerala

Case brief

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T Padmajan, Managing Director,M/S.Shoreline Lifestyle Pvt.Ltd v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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