Allowed

Gopalakrishnan v. State of Kerala

Kerala HC1 Feb 2018Crl.MC/466/2018

Case brief

AI extract

What is this about?

This court allowed a criminal miscellaneous petition seeking quashing of criminal proceedings. The petitioner, accused of cheating and criminal breach of trust, and the private complainant bank amicably settled the matter. The court quashed the FIR, final report, and further trial proceedings, finding no utility in continuing the trial. This order pertains to offences punishable under Sections 408

What did the court decide?

Quashing of the First Information Report, Final Report, and all further proceedings in C.C.No.788 of 2011 against the petitioner.

Gopalakrishnan 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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THURSDAY, THE 1ST DAY OF FEBRUARY 2018 / 12TH MAGHA, 1939

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Crl.MC.No. 466 of 2018

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CC 788/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR. CRIME NO.129/2010 OF PUDUNAGARAM POLICE STATION, PALAKKAD.

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PETITIONER/ACCUSED:

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GOPALAKRISHNAN, S/O.KARUNAKARAN, AGED 57 YEARS, CHEMMANGATTU VEEDU, THARAKKALAM, CHITTUR, PALAKKAD DISTRICT.

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BY ADV.SRI.RAJESH SIVARAMANKUTTY

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RESPONDENT/STATE/DEFACTO COMPLAINANT:

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1. THE STATE OF KERALA, BY SUB INSPECTOR OF POLICE, PUDUNAGARAM POLICE STATION, PALAKKAD(CRIME NO.129/2010), REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. THE PUDUNAGARAM SERVICE CO-OPERATIVE BANK LTD.NO.P1108, PUDUNGARAM, PALAKKAD DISTRICT, REP.BY ITS SECRETARY, K. MANI, S/O.KUNJAN.

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R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK R2 BY ADV. SRI.R.S.SARAT

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Crl.MC.No. 466 of 2018 ()

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE A CERTIFIED COPY OF THE PRIVATE COMPLAINANT AS C.M.P.NO.2356/2010 FILED BY THE 2ND RESPONDENT UNDER SECTION 190 CR.P.C.AGAINST THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, CHITTUR DATED 9.3.2010. ANNEXURE B CERTIFIED COPY OF FIR IN CRIME NO.129/2010 DATED 12.3.2010 OF PUDUNAGARAM POLICE STATION REGISTERED AGAINST THE PETITIONER. ANNEXURE C CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.788/2011 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE,CHITTUR.

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ANNEXURE D SWORN AFFIDAVIT OF 2ND RESPONDENT DT.13.1.2018.

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RESPONDENTS' ANNEXURES: NIL

/TRUE COPY/

P.S.TO JUDGE

mbr/

B.KEMAL PASHA, J.

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======================

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Crl.M.C.No.466 of 2018

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=======================

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Dated this the 1^st day of February, 2018

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O R D E R

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Petitioner is the accused in C.C.No.788 of 2011 of the Judicial First Class Magistrate’s Court, Chittur, which has arisen from Crime No.129 of 2010 of the Pudunagaram Police Station, registered for the offences punishable under Sections 408, 420 and 468 IPC.

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It seems that the matter has been amicably settled between the parties.

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On going through the facts and circumstances of the case, it seems that the matter can be permitted to be settled. It has been reported that no criminal antecedents have been reported against the petitioner. The 2^nd respondent Co-operative Bank has filed Annexure-D affidavit through the authorised person, affirming that the matter has been amicably settled between the 2^nd respondent and the petitioner and the 2^nd respondent has no complaints against the petitioner. Considering the fact that the matter has

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Crl.M.C.No.466 of 2018

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already been settled amicably between the parties, this court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, Annexure-B First Information Report, Annexure-C Final Report and all further proceedings in C.C.No.788 of 2011 of the Judicial First Class Magistrate’s Court, Chittur, which has arisen from Crime No.129 of 2010 of the Pudunagaram Police Station, as against the petitioner, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and Annexure-B First Information Report, Annexure-C Final Report and all further proceedings in C.C.No.788 of 2011 of the Judicial First Class Magistrate’s Court, Chittur, which has arisen from Crime No.129 of 2010 of the Pudunagaram 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/2/2/18

Gopalakrishnan v. State of Kerala

Case brief

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Gopalakrishnan v. State of Kerala

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