Allowed

Sankaran Gangadharan Nair v. State of Kerala

Kerala HC8 Oct 2015Crl.MC/1523/2015

Case brief

AI extract

What is this about?

High Court of Kerala allowed the petition in a cheque dishonour case. The court quashed the criminal complaint and further proceedings after accepting a joint compromise petition filed by the accused and complainant, noting the matter was amicably settled with full payment.

What did the court decide?

The complaint in C.C.No.290/2015 and all further proceedings pursuant to it in the Judicial First Class Magistrate's Court-I, Kochi are quashed.

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

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Crl.MC.No. 1523 of 2015

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AGAINST C.C.NO.290/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -I, KOCHI, (ARISING OUT OF ORDER IN M.P.NO.188/2015 WHICH WAS EARLIER NUMBERED AS S.T.NO.3459/2014 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I OF ALAPPUZHA)

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PETITIONER(S)/ACCUSED NO. 2 :

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SANKARAN GANGADHARAN NAIR, AGED 63 YEARS, S/O.KUMAR KURUP, CHAIRMAN, 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 DR.S.GOPAKUMARAN NAIR (SENIOR ADVOCATE) ADVS.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 - 682 031.

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2. SUNANDAPPAN,

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

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R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADVS. SRI.K.S.HARIHARAPUTHRAN

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SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G 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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Msd.

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Crl.MC.No. 1523 of 2015

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APPENDIX

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PETITIONER(S)' ANNEXURES :

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ANNEXURE I: THE TRUE 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 II: THE TRUE 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.

Msd.

B. KEMAL PASHA, J.

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Crl.M.C. No.1523 of 2015 F

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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.290/15 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 2^nd 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-II

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Crl.M.C.1523/2015

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: 2 :

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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-II 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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aks/08/10

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// True Copy //

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PA to Judge

Sankaran Gangadharan Nair v. State of Kerala

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Sankaran Gangadharan Nair v. State of Kerala

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