Allowed

Sree Gokulam Chit & Finance Co. (P) Ltd. v. State of Kerala

Kerala HC8 Mar 2018Crl.Rev.Pet/279/2018

Case brief

AI extract

What is this about?

Crl.Rev.Petition filed by complainant seeking to set aside the dismissal of a complaint under Section 204(4) Cr.P.C. The High Court held that since no allegation was made regarding non-payment of process fees, the dismissal was unjustified.

What did the court decide?

Order dated 26.10.2017 set aside; S.T.No.141/2017 restored to files of court below to proceed in accordance with law.

Sree Gokulam Chit & Finance Co. (P) Ltd. 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.SUDHEENDRA KUMAR

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THURSDAY, THE 8TH DAY OF MARCH 2018 / 17TH PHALGUNA, 1939

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Crl.Rev.Pet.No. 279 of 2018

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ST 141/2017 of SPL. ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR

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REVISION PETITIONER(S)/COMPLAINANT

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SREE GOKULAM CHIT & FINANCE CO (P) LTD. HEAD OFFICE.66, ARCOT ROAD, KODAMBAKKAM, CHENNAI-24, DIVISIONAL OFFICE, M.G.ROAD, THRISSUR, REPRESENTED BY BUSINESS MANAGER, A.SASIDHARAN, S/O.GOPALAN NAIR, AGED 54 YEARS, VELIYATTU DESOM, KODANNUR, THRISSUR.

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BY ADVS.SRI.K.S.BABU SMT.N.SUDHA

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RESPONDENT(S)/ACCUSED & STATE:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.

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2. AISHA SHAKEER AGED 26 YEARS, W/O.SHAKEER, PERUVANATH HOUSE, ANDATHODU.P.O., CHAVAKKAD VIA, THRISSUR.670 584.

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R1 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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STK

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B. SUDHEENDRA KUMAR, J.

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

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Crl.R.P. No.279 of 2018

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Dated this the 8^th day of March, 2018

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O R D E R

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The revision petitioner is the complainant in S.T.No.141/2017 on the files of the court below. The said complaint was dismissed by the court below on 26.10.2017 under Section 204(4) Cr.P.C., against which this revision petition has been filed.

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Service is complete. However, there is no appearance for the second respondent.

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Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.

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The complaint was originally filed before the Additional Chief Judicial Magistrate Court, Thrissur. The said court took cognizance for the offence under Section 138 of the Negotiable Instruments Act and issued summons to the accused. Thereafter, the case was made over to the court below by the learned Chief Judicial Magistrate. The court below issued summons to the

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Crl.R.P. No.279 of 2018

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-: 2 :-

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accused with a direction to the complainant to furnish the correct address. However, the complainant did not furnish the correct address. It is not stated in the order of the court below that the complainant did not pay the process fee. Section 204(4) provides that when by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.

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The learned counsel for the revision petitioner has submitted that the revision petitioner had already deposited the required process fees. However, the revision petitioner could not give any fresh address as the address already given was the correct address of the accused. Notice was served on the accused from this Court on the same address, submitted by the learned counsel. Since there was no allegation that the complainant did not pay the process fee, the dismissal of the complaint under Section 204(4) Cr.P.C. cannot be

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Crl.R.P. No.279 of 2018

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-: 3 :-

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justified and consequently, I set aside the same.

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In the result, this revision petition stands allowed and order dated 26.10.2017 in S.T.No.141/2017 stands set aside. S.T.No.141/2017 stands restored to the files of the court below. The court below is directed to proceed with S.T.No.141/2017, in accordance with law. The revision petitioner shall appear before the court below on 24.04.2018 without further notice.

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Sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY//

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//P.A. TO JUDGE//

Sree Gokulam Chit & Finance Co. (P) Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sree Gokulam Chit & Finance Co. (P) Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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