Allowed

Ashok Kumar.T.K v. State of Kerala

Kerala HC9 Jan 2018Crl.MC/3476/2017

Case brief

AI extract

What is this about?

The High Court of Kerala, in a criminal miscellaneous application filed by an accused under Section 420 IPC, held that a dispute over a loan amount is purely civil in nature. Consequently, the Court ordered the quashing of further proceedings in the underlying criminal trial.

What did the court decide?

All further proceedings in C.C. No.670 of 2014 arising from Crime No.458 of 2014 against the petitioner are quashed.

Ashok Kumar.T.K Vs State of Kerala — Cheque Dishonour | Kerala HC (2018)

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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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TUESDAY, THE 9TH DAY OF JANUARY 2018 / 19TH POUSHA, 1939

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Crl.MC.No. 3476 of 2017

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----------------------CC 670/2014 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE CRIME NO. 458/2014 OF KASARAGOD POLICE STATION, KASARGOD DISTRICT

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

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PETITIONER/ACCUSED :

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

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ASHOK KUMAR.T.K., S/O.BHARATHAN AGED 51 YEARS NO OCCUPATION RESIDING AT "BHARATHAM"P.O. PALAYAD THALASSERY, KANNUR DISTRICT- 670661

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BY ADV.SRI.R.SURENDRAN

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM- 682 031

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2. AHAMMED RAFI.K.,S/O. MUHAMMED KUNHI DELI P.O., KALANAD, KASARGOD DISTRICT- 671 317

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R1 BY PUBLIC PROSECUTOR B.VINOD R2 BY ADVS. SRI.JOY THATTIL ITTOOP

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SRI.BIJISH B.TOM SMT.NEVIS CASSANDRA L CAXTON LORETTA SRI.JACOB TOMLIN VARGHESE SMT.BABY SONIA SRI.GENS GEORGE ELAVINAMANNIL

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3476 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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ANNEXURE A1 TRUE COPY OF THE COMPLAINT DATED 7.5.2014 FILED BY THE SECOND RESPONDENT BEFORE THE STATION HOUSE OFFICE., KASARGOD POLICE STATION ANNEXURE A2 TRUE COPY OF THE FIR IN CRIME NO. 458/2014 OF KASARGODE POLICE STATION IN KASARGOD DISTRICT ISSUED TO THE PETITIONER AS ACCUSED COPY ANNEXURE A3 CERTIFIED COPY OF THE CHARGE SHEET AND THE ORDER DATED 11.8.2014 TAKING COGNIZANCE OF THE CASE AGAINST THE PETITIONER

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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.3476 of 2017 =======================

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Dated this the 9^th day of January, 2018

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O R D E R

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Petitioner is the accused in C.C.No.670 of 2014 of

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the Chief Judicial Magistrate's Court, Kasargode, based on Annexure-A3 Final Report in Crime No.458 of 2014 of the Kasargode Police Station, for the offence under Section 420 IPC.

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The allegation against the petitioner is that he had borrowed an amount of ₹25,00,000/- on agreeing to repay the same within six months and thereafter, he has not returned the amount.

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The matter involved is purely civil in nature and it cannot attract the offence under Section 420 IPC. Matters being so, all further proceedings in C.C.No.670 of 2014 of the Chief Judicial Magistrate's Court, Kasargode, which has arisen from Crime No.458 of 2014 of the Kasargode Police Station, as against the petitioner, is liable to be quashed.

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Crl.M.C.No.3476 of 2017

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.670 of 2014 of the Chief Judicial Magistrate's Court, Kasargode, which has arisen from Crime No.458 of 2014 of the Kasargode Police Station, as against the petitioner, are hereby quashed.

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Sd/-

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B.KEMAL PASHA JUDGE

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DSV/10/1/18

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// True Copy //

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P.A.To Judge

Ashok Kumar.T.K v. State of Kerala

Case brief

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Ashok Kumar.T.K v. State of Kerala

Case brief

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