Allowed

T Padmajan v. State of Kerala

Kerala HC18 Sept 2015Crl.MC/1437/2015

Case brief

AI extract

What is this about?

This criminal miscellaneous case allowed the quashing of a complaint under Section 138 of the Negotiable Instruments Act. The High Court held that since the parties compromised under Section 147 and full compensation was paid, the offence was compounded, rendering further proceedings unnecessary and tantamount to acquittal.

What did the court decide?

Annexure-III complaint and all further proceedings pursuant to it in C.C.No.290/2015 were quashed.

T Padmajan Vs State of Kerala — 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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FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937

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Crl.MC.No. 1437 of 2015

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CMP NO. 188/2015 JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI CC 290/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KOCHI

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PETITIONER(S)/ACCUSED NO. 1:

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

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T. PADMAJAN, 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 SRI.P.A.MOHAMMED SHAH SRI.SOORAJ T.ELENJICKAL

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

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

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

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2. SUNANDAPPAN,

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

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R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADVS. SRI.M.D.GANGADHARAN

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SRI.M.D.SASIKUMARAN SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 1437 of 2015

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE I: THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN CRL.M.C. 889/2013 DATED 14/06/2014.

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ANNEXURE II: THE CERTIFIED COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI IN CMP NO. 188/2015 DATED 03/02/2015.

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ANNEXURE III: THE CERTIFIED COPY OF THE COMPLAINT IN CC NO. 290 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.

MsV/

B.KEMAL PASHA, J.

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................................................................ CRL. M.C. No.1437 of 2015

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............................................................... Dated this the 18^th day of September, 2015

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O R D E R

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The matter relates to C.C.No.290/15 pending 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 2^nd respondent, who is the complainant herein, have jointly filed a compromise petition under Section 147 of the N.I. 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)

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CRL.M.C.No. 1437 of 2015

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-: 2 :-

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Cr.P.C. Hence, there is no meaning in proceeding with the matter further. Therefore, Annexure-III complaint and all further proceedings pursuant to it in C.C.No.290/2015 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.290/2015 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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ul/-

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[True copy] P.S. to Judge

T Padmajan v. State of Kerala

Case brief

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T Padmajan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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