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Petitioner quash complaint CC 3996 / 2017 filed on the strength of Annexure-A2 cheque and further proceedings against the petitioner in CC No 3996 / 2017.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 20TH DAY OF FEBRUARY 2018 / 1ST PHALGUNA, 1939
Crl.MC.No. 686 of 2018
CC 3996/2017 of JMFC(SPL. COURT) FOR TRIAL OF SEC.138, NI ACT CASES, ERNAKULAM
PETITIONER(S)/ACCUSED
MOHAMMED ABDUL HAMEED, AGED 68, 525, KAKKANATTU HOUSE, THONDEKKADU VENGOLA, PERUMBAVOOR, ERNAKULAM 683 547
BY ADV.SRI.MANOJ P.KUNJACHAN
RESPONDENT(S)/COMPLAINANT AND STATE:
1. M/S KOTAK MAHINDRA PRIME LTD
2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.B.S.SURESH KUMAR
R2 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 686 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE 1 CERTIFIED COPY OF THE COMPLAINT IN CC NO.3996/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT (NI ACT CASES) ERNAKULAM
ANNEXURE 2 TRUE COPY OF THE PHOTOCOPY OF THE CHEQUE PRESENTED ALONG WITH THE COMPLAINT
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
-------------------------------Crl. M.C. No.686 of 2018
Dated this the 20th day of February, 2018
O R D E R
Heard.
Crl. M.C. No.686 of 2018
-: 2 :-
served even if prosecution on the strength of Annexure A1 complaint is permitted to be continued. In the said circumstances, I am inclined to quash Annexure-A1 complaint and further proceedings against the petitioner in C.C.No.3996/2017 on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice. It is ordered accordingly.
In the result, this Crl.M.C. stands allowed.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
STK
//TRUE COPY//
//P.A. TO JUDGE//
1 issue framed by the court
Whether Section 138 NI Act proceedings should be quashed on the ground that the cheque was signed by a stranger to the proceedings.
1 provisions across 1 enactments
MOHAMMED ABDUL HAMEED
M/S KOTAK MAHINDRA PRIME LTD
STATE OF KERALA
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
