Anil Kumar v. Secretary, Collection Agents Welfare Co-Operative Society
Kerala HCCrl.MC/6750/2015
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 9TH DAY OF JUNE 2017/19TH JYAISHTA, 1939 Crl.MC.No. 6750 of 2015 () --------------------------CC 2431/2014 OF TEMPORARY SPECIAL JUDICIAL FIRST CLASS MAGISTRATE COURT X11, THIRUVANANTHAPURAM
------------PETITIONER: -----------
ANIL KUMAR M, T.C.NO.24/1227, PADMAPURAM, VALIYASALA, CHALAI P.O. THIRUVANANTHAPURAM.
BY ADV. SRI.VINOD RAJKUMAR
RESPONDENT(S):
1. SECRETARY, COLLECTION AGENTS WELFARE CO-OPERATIVE SOCIETY NEAR KALYAN HOSPITAL JUNCTION, AARYASALA, CHALAI, THIRUVANANTHAPURAM 695 036. 2. VIJAYAPPAN NAIR, S/O.RAMAN PILLAI, HEADLOAD AND GENERAL WORKERS UNION, REG. NO.449/J-1 SECTION CHARAKATTU PALAYAM P.O, THIRUVANANTHAPURAM -695 001. 3. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 682 031. R1 BY ADV. SRI.A.CHANDRA BABU R3 BY PUBLIC PROSECUTOR SRI JESTIN MATHEW
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6750 of 2015 ()
APPENDIX
PETITIONER(S)' ANNEXURES
ANNX.A4 - TRUE COPY OF THE ADVOCATE NOTICE SENT TO THE PETITIONER BY THE 1ST RESPONDENT.
RESPONDENT(S)' ANNEXURES
ANNEX R1(A) TRUE COPY OF A/C NO CL.695/2010 LOAN APPLICATION.
ANNEX R1(B) TRUE COPY OF THE LEDGER PERTAINING TO THE ANNEXURES-A3
/TRUE COPY/
P.A.TO JUDGE
K.V.
ALEXANDER THOMAS, J.
---------------------------------------Crl.M.C.No.6750 of 2015
----------------------------------------Dated this the 9th day of June, 2017
O R D E R
The petitioner is accused for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.2431 of 2014 on the file of the Judicial First Class Magistrate Court-II, Thiruvananthapuram, instituted on the basis of a complaint preferred by the first respondent Co-operative Society.
Crl.M.C.6750/15
: :2::
impugned Annexure A1 complaint on the ground that the liabilities covered by the loan transaction referred to in the impugned Annexure A1 complaint has already been discharged by him to the complainant Co-operative Society as evident from Annexure-A3 series of receipts.
Crl.M.C.6750/15
: :3::
account No.694/10 referred to in Annexure A3 series of receipts, in which the petitioner herein is stated to be the principal borrower. Accordingly, it is contended by the first respondent complainant Society that the loan transactions referred to in Annexure A1 as well as in Annexure A3 series of receipts are two different loan accounts and that the former is one in which the petitioner is surety and the latter is one in which he is the principal borrower and that therefore, the money remitted by the petitioner in respect of loan account No.694/10, as covered by Annexure A3 receipts, will not amount to any discharge of the liability of the petitioner as the surety in respect of loan account No.695/10 referred to in the impugned Annexure A1 complaint.
Crl.M.C.6750/15
: :4::
Leaving open the rival contentions on all issues including the abovesaid factual issues for determination by the trial court in the pending trial, the aforecaptioned Criminal Miscellaneous Case will stand finally disposed of.
ALEXANDER THOMAS JUDGE
csl
2 issues framed by the court
Whether a petition to quash a complaint under Section 138 of the Negotiable Instruments Act based on alleged payment of loan dues can be adjudicated by the High Court when the fact is pending trial.
Whether the liability incurred as a surety was discharged by payments made by the petitioner as a principal borrower in a different loan account.
1 provisions across 1 enactments
Anil Kumar M
Secretary, Collection Agents Welfare Co-Operative Society
Vijayappan Nair
State
Alexander Thomas
As recorded by the court registry
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