Allowed

Sankaran Gangadharan Nair v. State of Kerala

Kerala HC8 Oct 2015Crl.MC/1542/2015

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal miscellaneous petition and quashed the complaint and further proceedings in C.C.No.430/2015 regarding a cheque bounce case, noting that the offence had been compounded due to a settlement and full payment between parties.

What did the court decide?

Quashing of complaint Annexure-II in C.C.No.430/2015 and all further proceedings pursuant to it.

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. 1542 of 2015 ()

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--------------------------CC 430/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI -------------PETITIONER/ACCUSED NO.2 :

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

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SANKARAN GANGADHARAN NAIR, AGED 63 YEARS, S/O. KUMAR KURUP, CHAIRMAN, M/S. SHORELIE LIFESTYLE PVT. LTD. 28/3377 FIRST FLOOR, MENON'S COMPLEX KADAVANTHRA, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

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BY ADVS.DR.S.GOPAKUMARAN NAIR (SR.) SRI.P.A.MOHAMMED SHAH SRI.SOORAJ T.ELENJICKAL SMT.P.M.MAZNA MANSOOR

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RESPONDENTS/STATE-COMPLAINANT :

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

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

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

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R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE 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 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1542 of 2015 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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A1: THE CERTIFIED COPY OF THE ORDER PASSED BY THE JUDICIAL CLASS MAGISTRATE COURT-I, KOCHI IN CMP NO.190/2015 DATED 3/02/2015.

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A2: THE CERTIFIED COPY OF THE COMPLAINT IN CC NO.430/2015IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI.

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

B. KEMAL PASHA, J.

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Crl.M.C. No.1542 of 2015 A

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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.430/15 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.1542/2015

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: 2 :

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complaint and all further proceedings pursuant to it in C.C.No.430/2015 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.430/2015 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

Case brief

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Sankaran Gangadharan Nair v. State of Kerala

Case brief

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