Court disposed of a criminal misc. case seeking quashing of a crime for Section 420 IPC. It held that due to signature divergence on the cheque, it is premature to prima facie make out an offence at this stage and prayed it to be quashed.
The prayer to quash the crime registered under Section 420 IPC was allowed.
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
WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937
Crl.MC.No. 420 of 2015 ()
CRIME NO. 1579/2014 OF ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT.
PETITIONER(S):
SINDHU DEVIYAMMA, D/O.RAMACHANDRAN PILLA, AGED 36 YEARS, THAZHAVA, KAVINTE THEKKETHIL, THODIYOOR NORTH P.O., KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADVS.SRI.SUKUL KHADER, SRI.PEARSON S.FERNANDEZ.
RESPONDENT(S):
1. THE SUB INSPECTOR OF POLICE, ANCHALUMOODU POLICE STATION, KOLLAM DISTRICT.
2. THE CITY POLICE COMMISSIONER, KOLLAM CITY, KOLLAM DISTRICT.
3. K. RAMACHANDRAN PILLA, AGED 64 YEARS, JAYESH BHAVAN, CHEMMAKKADU P.O., PANAYAM, KOLLAM-691 004.
R1 & R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 420 of 2015
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 FIR NO.1579/2014 OF ANCHALUMMOODU POLICE STATION. ANNEXURE A2 COPY OF THE COMPLAINT CMP NO.799/2014 FILED BY THE THIRD RESPONDENT BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.1, KOLLAM. ANNEXURE A3 COPY OF THE REPLY NOTICE CAUSED TO BE SENT BY THE PETITIONER TO THE THIRD RESPONDENT. ANNEXURE A4 COPY OF THE COMPLAINT OF THE PETITIONER PREFERRED BY THE PETITIONER BEFORE THE SECOND RESPONDENT AGAINST THE THIRD RESPONDENT. ANNEXURE A5 COPY OF THE COMPLAINT OF THE PETITIONER SENT TO THE SECOND RESPONDENT DATED 07/08/2015.
RESPONDENT'S ANNEXURES:-
ANNEXURE R2A PETITION OF THE PETITIONER. ANNEXURE R2B REPORT OF SI ANCHALUMMOODU. ANNEXURE R2C COPY OF THE PETITION SUBMITTED BY THE PETITIONER ON 08/08/2015. ANNEXURE R2D COPY OF THE FIR IN CRIME NO.1164/2015.
//TRUE COPY//
P.S. TO JUDGE
rs.
B. KEMAL PASHA, J.
Crl.M.C. No.420 of 2015
Dated this the 2nd day of September, 2015
~ ~ ~ ~ ~ ~
The accused in Crime No.1579/2014 of
Anchalumoodu Police Station has come up with the prayer to quash the crime registered against her. The crime has been registered for the offence under Section 420 IPC. Even though the transaction is relating to a cheque that was allegedly issued by the petitioner, it was subsequently revealed on presentation that the signature affixed in the cheque differs from the signature
of the actual account holder to whom the cheque leaf was issued from the bank. It is too premature at present to say whether any offence under Section 420 IPC can be made out or not. At this stage, it is not feasible and just to quash the crime registered against the petitioner.
With the said observations, this Crl.M.C. is closed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/02/09
1 issue framed by the court
Whether the crime under Section 420 IPC registered against the petitioner for divergence of signature on cheque is premature and needs to be quashed.
SINDHU DEVIYAMMA
THE SUB INSPECTOR OF POLICE, ANCHALUMOODU POLICE STATION, KOLLAM DISTRICT
THE CITY POLICE COMMISSIONER, KOLLAM CITY, KOLLAM DISTRICT
K. RAMACHANDRAN PILLA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
