Allowed

Bhavani v. N. Stella Bai

Kerala HC4 Oct 2019Crl.MC/8754/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Misc. Case petition to quash proceedings under Section 138 of the Negotiable Instruments Act. The court held that the complainant had no case against the petitioner as she was not named in the cheque, summons, or notice and was merely implicated by her marriage to the first accused.

What did the court decide?

All proceedings against the petitioner/second accused in C.C.1704/2013 are quashed; prosecution may proceed against the first accused only.

Bhavani Vs N. Stella Bai — 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 MR. JUSTICE A.M.BABU

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FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941

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Crl.MC.No.8754 OF 2018(D)

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CC 1704/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS

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-I,NEYYATINKARA

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PETITIONER/2ND ACCUSED

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BHAVANI

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W/O.M.G.S.MITHRAN, RESIDING AT KISH KINDA, R.C.STREET, NEYYATTINKARA.P.O

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BY ADV. SRI.M.R.SASITH

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RESPONDENTS/COMPLAINANT & STATE

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1 N. STELLA BAI DOOR NO.6/44 WEST RITHAPURAM.P.O., NAGARKOVIL, TAMIL NADU, PIN-629159.

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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN -SR.PP

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.8754/18

ORDER

The prayer in the Crl.M.C is to quash the proceedings in C.C.1704/2013 on the file of the judicial magistrate-I, first class, Neyyattinkara as against the petitioner. After admitting the Crl.M.C, notice was issued to the first respondent who is the complainant in C.C.1704/2013. Service on her was declared complete. She did not appear.

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Heard Sri.M.R.Sasith, the learned counsel for the petitioner.

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C.C.1704/2013 is a complaint case in which the allegation is commission of an offence punishable under Sec.138 of the Negotiable Instruments Act. There are two accused in the said case who are husband and wife. The wife who is the second accused is the petitioner herein. There is no case for the complainant in the complaint or in the notice which preceded the complaint that the petitioner issued any cheque. Nor is a case put forward

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that the petitioner signed any cheque. The complaint

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Crl.M.C.8754/18

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does not contain any allegation against the petitioner to attract any offence. She was not issued any notice under Sec.138(b) of the Negotiable Instruments Act. The complaint does not contain any material to prosecute the petitioner. It seems that she has been implicated only because she is the wife of the first accused who allegedly issued the cheque. The Crl.M.C is only to be allowed.

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The Crl.M.C is allowed. All proceedings against the petitioner/second accused in C.C.1704/2013 on the file of the judicial magistrate-I, first class, Neyyattinkara are quashed. The complaint can be prosecuted against the first accused only.

A.M.BABU Judge

Mrcs/10.10

Crl.M.C.8754/18

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE I TRUE COPY OF THE COMPLAINT IN C.C.NO.1704/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NO.I, NEYYATTINKARA.

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ANNEXURE II TRUE COPY OF THE LAWYERS NOTICE ISSUED TO THE 1ST ACCUSED.

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ANNEXURE III TRUE COPY OF THE POSTAL RECEIPT AND A POSTAL ACKNOWLEDGEMENT CARD SIGNED BY THE 1ST ACCUSED M.G.S.MITHRAN

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ANNEXURE IV TRUE COPY OF THE ORDER SHEET INI CC.NO.1704/2013 OF J.F.C.M. COURT-I NEYYATTINKARA.

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ANNEXURE V TRUE COPY OF THE SWORN STATEMENT OF THE COMPLAINT 1ST RESPONDENT DATED 19/11/2011.

Bhavani v. N. Stella Bai

Case brief

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Bhavani v. N. Stella Bai

Case brief

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