The High Court of Kerala allowed the criminal miscellaneous petition regarding a cheque dishonour case. Since the accused and complainant jointly filed a compromise petition resulting in full payment, the court quashed the pending complaint.
Compaint CC No.291/2015 and all further proceedings pursuant to it before JFCM-I, Kochi are quashed.
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 B.KEMAL PASHA
THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937
Crl.MC.No. 1541 of 2015 ()
--------------------------CC 191/2015 of JUDICIAL FIRST CLASS MAGISTRATE - I,KOCHI
------------
PETITIONER/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 DIST.
BY ADVS.DR.S.GOPAKUMARAN NAIR (SR.) SRI.P.A.MOHAMMED SHAH SRI.SOORAJ T.ELENJICKAL
RESPONDENTS/STATE-COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUNANDAPPAN,
S/O. AYYAPPAN, ANUGRAHA, PUNNAPRA, PARAVUR VILLAGE, AMPALAPUZHA TALUK, ALAPPUZHA DIST - 688 004.
R1 BY PUBLIC PROSECUTOR SMT. MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 1541 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A.TO JUDGE
bp
B. KEMAL PASHA, J.
Crl.M.C. No.1541 of 2015 A
Dated this the 8th day of October, 2015
O R D E R
~ ~ ~ ~ ~ ~
The matter relates to C.C.No.291/15 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.
Crl.M.C.1541/2015
: 2 :
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.
In the result, this Crl.M.C. is allowed and Annexure-II 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.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/08/10
// True Copy //
PA to Judge
1 issue framed by the court
Whether the offence under Section 138 of the Negotiable Instruments Act can be considered compounded upon a joint compromise petition filed by the accused and complainant.
2 provisions across 1 enactments
SANKARAN GANGADHARAN NAIR
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
SUNANDAPPAN
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
