Allowed

K.S.Prakash, v. State of Kerala

Kerala HC5 Sept 2019Crl.MC/4930/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the High Court of Kerala allowed the petitioner's petition to quash a prosecution under the Negotiable Instruments Act. The court held that the complaint failed to specify the date and nature of the transaction creating the liability, rendering it unsustainable.

What did the court decide?

The criminal miscellaneous case was allowed; the complaint (Annexure-I) was quashed.

K.S.Prakash, Vs State of Kerala — Cheque Dishonour | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE MARY JOSEPH

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THURSDAY, THE 05TH DAY OF SEPTEMBER 2019 / 14TH BHADRA, 1941

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Crl.MC.No.4930 OF 2019(E)

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ST 44/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-II, VADAKKANCHERRY

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PETITIONER/ACCUSED:

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K.S.PRAKASH, AGED 44 YEARS S/O.SANKARANKUTTY, KALAPURACKAL (H), VIATNAM NAGAR, MULAMKUNNATHUKAVU, KILLANNUR VILLAGE, THRISSUR DISTRICT, PIN- 680581.

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BY ADV. SRI.LIJOY P.VARGHESE

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RESPONDENTS/STATE OF KREALA & COMPLAINANT:

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1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN- 682031.

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2 JOHNY, AGED 67 YEARS S/O.ANTHONY, ANTHIKATTIL (H), KOTTAPURAM VILLAGE, ATTATHARA DESOM, THALAPILLY TALUK, THRISSUR DISTRICT, PIN- 680022.

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SR.PP. C.N.PRABHAKARAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4930/2019 2

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ORDER

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Dated this the 5th day of September 2019

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In the petition on hand, the relief sought by the petitioner to the following effect:

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“…............to quash Annexure I Complaint and all further proceedings as against the petitioner/accused to secure the ends of justice.”

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When the Crl.M.C is taken up for admission, this

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Court has issued notice to the 2^nd respondent, who is the complainant in a prosecution launched under Section 142 of the Negotiable Instruments Act, 1881 (for short, N.I Act). Though notice was served upon the 2^nd respondent, he did not care to enter appearance either personally or through any counsel. Therefore, the Crl.M.C is heard on merits. The copy of the complaint is produced along with the petition on hand as Annexure- I.

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Sri. Dijoy Parackal Varghese, the learned counsel for the petitioner has contended that Annexure-I complaint will not sustain for the reason that the material particulars of the

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Crl.MC.No.4930/2019 3

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transaction, which created the liability for issuance of the disputed cheque is not stated therein. He has invited this Courts attention to paragraph 1 of Annexure-I, which would read as follows:

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"1. � � �ia � � ��u��n u� 1,00,000/- ( o�u��  ) a � � ��n ��i�� � e��  � �i�i�� a ��u� �i�i ��i�n ��i�i��r��  � �� � ie� 1,00,000/- ��ue� 24.06.2013 ��ie��u� 916078 -)o �� e��a � � ��ne� ��il e�� � �i o�i�ua � � ��l�i�i�u�� "

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What is stated in Annexure-I complaint is that amount of Rs.1,00,000/- (Rupees one lakh only) due to the complainant, when demanded back, the accused has issued a cheque bearing number 916078 dated 24.06.2013 for Rs.1,00,000/- to the complainant. It is further stated that the said cheque was bounced for the reason payments stopped by drawer and thereupon the prosecution in question was launched by filing Annexure-I complaint before the court below.

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In view of Divakaran V. State of Kerala [2016(4)

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KHC 901], it is held by this court that the complainant must state specifically about the transaction by mentioning the date

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Crl.MC.No.4930/2019 4

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and the nature of it in the complaint filed to launch the prosecution. Since in Annexure-I, those particulars are lacking, even if the petitioner is sent to face trial, the complainant could not prosecute him successfully.

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In the aforesaid circumstances, Crl.M.C stands allowed. Annexure-I complaint stands quashed in exercise of the jurisdiction under Section 482 Cr.P.C.

Sd/-

MARY JOSEPH

JUDGE

JJ/

Crl.MC.No.4930/2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT AGAINST THE PETITIONER UNDER SECTION 190(1) OF THE CODE OF CRIMINAL PROCEEDURE AND SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT NUMBERED S.T.NO.44/2018 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, WADAKKANCHERY. ANNEXURE II THE TRUE COPY OF THE LEGAL NOTICE DATED 26.07.2013 SEND BY THE 2ND RESPONDENT TO THE PETITIONER HEREIN. ANNEXURE III TRUE COPY OF THE COMPLAINT FILED BY MR.A.T.FRANCIS AGAINST THE FRIEND OF THE PETITIONER NAMED MR.SAJITH KUMAR M.R. UNDER SECTION 190 OF THE CODE OF CRIMINAL PROCEEDURE AND SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT NUMBERED C.C.NO.1725/2016 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERY. ANNEXURE IV TRUE COPY OF THE JUDGMENT IN CRIMINAL M.C.NO.5450/2018. ANNEXURE V TRUE COPY OF THE MEDICAL RECORDS OF THE COMPLAINANT FILED BY HIM BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, WADAKKANCHERY, ON 05.03.2019. ANNEXURE VI TRUE COPY OF THE PETITION TO CONDONE THE ABSENCE FILED BY THE COMPLAINANT ON 31.01.2019.

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RESPONDENT'S/S EXHIBITS:NIL

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//TRUE COPY//

K.S.Prakash, v. State of Kerala

Case brief

What is this about?

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K.S.Prakash, v. State of Kerala

Case brief

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