This criminal matter concerned a challenge to an order dismissing an application under Section 91 CrPC. The High Court found no connection between the alleged trespass and the cheque dishonour case, dismissing the petition as an attempt to protract proceedings.
The petition under Section 482 CrPC challenging the impugned order is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941
Crl.MC.No.5231 OF 2019(D)
AGAINST THE ORDER IN CMP NO.3555/19 IN ST 794/2018 DATED 06-062019 OF SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS (N.I.ACT CASES), KOZHIKODE
PETITIONER/ACCUSED:
SREEKUMAR MENON AGED 52 YEARS
S/O. RAJAN MENON, PUNDAREDEVI, VNRA 44, VIVEKANANDA NAGAR, ELAMAKKARA, COCHIN, PIN-680 026
BY ADV. SRI.C.R.SANISH
RESPONDENTS/COMPLAINANT & STATE
1 GANESHAN.V AGED 54 YEARS S/O. BALANVAKERI, MADATHIL HOUSE, FEROKE P.O, KOZHIKODE-673 631
2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031
R1 BY ADV. SRI.K.PRAVEEN KUMAR SRI.B.JAYASURYA SR.PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15-01-2020, THE COURT ON 17-01-2020 PASSED THE FOLLOWING:
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R.NARAYANA PISHARADI, J
************************ Crl.M.C.No.5231 of 2019
Dated this the 17th day of January, 2020
O R D E R
The petitioner is the accused in the case S.T.No.794/2018
on the file of the Court of the Special Judicial First Class Magistrate (N.I.Act cases), Kozhikode.
the first respondent before the Assistant Commissioner of Police,
Thrikkakkara. As per Annexure-A7 order, the learned Magistrate
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dismissed the aforesaid application. The aforesaid order is challenged in this petition filed under Section 482 Cr.P.C.
was that he was only an intervener or a broker in a transaction between the complainant and one Abbas and that the cheque was issued by him only as a security in that transaction.
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by the Magistrate in a proper manner.
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the police station but he was released from there. Therefore, the first respondent/complainant has no dispute with regard to the fact that the petitioner/accused had given a petition before the Assistant Commissioner of Police, Thrikkakkara and that he was summoned to the police station.
Consequently, the petition is dismissed.
(sd/-)
R.NARAYANA PISHARADI, JUDGE
jsr
Crl.M.C.No.5231/2019
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE COMPLAINT DATED 07.04.2018 FILED BY THE PETITIONER HERE IN BEFORE THE ASSISTANT COMMISSIONER OF POLICE THRIKAKARA.
ANNEXURE A2 THE TRUE COPY OF THE RECEIPT ISSUED FROM THE ASSISTANT COMMISSIONER OF POLICE, THRIKAKARA BEARING PETITION NO. 48165/2018.
ANNEXURE A3 THE TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER HERE IN DATED 18.04.2018.
ANNEXURE A4 THE TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE SPECIAL JUDICIAL FIRST CLASS MAGISTRATE COURT (N.I.ACT CASES), KOZHIKODE BEARING NUMBER ST 794/2018
ANNEXURE A5 THE TRUE COPY OF THE PROOF AFFIDAVIT FILED BY THE 1ST RESPONDENT BEFORE THE SPECIAL JUDICIAL FIRST CLASS MAGISTRATE COURT (N.I.ACT CASES), KOZHIKODE.
ANNEXURE A6 THE TRUE COPY OF THE LIST OF DOCUMENTS FILED BY THE 1ST RESPONDENT HERE IN BEFORE THE COURT BELOW.
ANNEXURE A7 THE CERTIFIED COPY OF THE ORDER DATED 06.06.2019 IN CMP 3555/2019 IN ST NO. 794/2018 OF SPECIAL JUDICIAL FIRST CLASS MAGISTRATE COURT (N.I.ACT CASES), KOZHIKODE.
RESPONDENTS' EXHIBITS : NIL
TRUE COPY
PS TO JUDGE
2 issues framed by the court
Whether the High Court should interfere with the dismissal of an application under Section 91 CrPC for document production unrelated to the cheque case.
Whether a petition filed after the cheque dishonour serves a relevant purpose in a Section 138 NI Act prosecution.
4 provisions across 2 enactments
Sreekumar Menon
Ganeshan.V
State of Kerala
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
