Disposed

Shahul Hameed v. State of Kerala

Kerala HC17 Dec 2020Crl.MC/5748/2020

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous petition filed by an accused in a cheque dishonour case. The petitioner alleged non-service of summons leading to a non-bailable warrant. The court permitted the petitioner to surrender and direct the Magistrate to consider his bail application on the same day, citing specific precedents.

What did the court decide?

The Crl.M.C. is disposed of, permitting the petitioner to surrender and the learned Magistrate to consider the bail application on the date of surrender.

Shahul Hameed Vs State of Kerala — Cheque Dishonour | Kerala HC (2020)

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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 V.G.ARUN

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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

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Crl.MC.No.5748 OF 2020(G)

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L.P.R. No.313/2008 of JFCM, Kodungallur

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CC 333/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KODUNGALLUR

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PETITIONER/S:

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SHAHUL HAMEED AGED 57 YEARS S/O SAIDU MUHAMMED,THIVALAPPIL HOUSE, VALAPPAD VILLAGE,KARAYAMUTTAM DESOM, CHAVAKKAD TALUK,THRISSUR DISTRICT-680567.

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BY ADV. SRI.RAJIT

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RESPONDENT/S:

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1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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2 SHAHINA, AGED 48 YEARS, D/O.ABDUL MAJEED, VALIPARAMBIL HOUSE, PAPPANIVATTAM VILLAGE, POST MATHILAKAM, KODUNGALLUR TALUK, THRISSUR DISTRICT-680685.

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OTHER PRESENT:

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PP SREEJA V.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5748 OF 2020(G)

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ORDER

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Dated this the 17^th day of December, 2020

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Petitioner is the accused in C.C.No.333 of 2008 pending before the Judicial First Class Magistrate Court, Kodungallur. Cognisance on the case was taken based on a complaint filed by the petitioner's wife alleging commission of the offence under Section 138 of the Negotiable Instruments Act. According to the petitioner, he

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was not served with summons in the case and therefore, could not appear on the posting dates. This resulted in non-bailable warrant being issued against him, followed by proceedings under Sections 82 and 83 of Cr.P.C.

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2. The prayer in this Crl.M.C is for a direction to the jurisdictional Magistrate to recall the non-bailable warrant issued against

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Crl.MC.No.5748 OF 2020(G)

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the petitioner and to consider his application for bail on the date of his surrender, in accordance with the dictum of this Court in Oseela Abdul Khader and another v. State of Kerala and others [ILR 2012 (4) Ker. 605] and Biju S.Praveen v. State of Ker [2007(2) KLT 280] .

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Taking into account the fact that the case pertains to an offence under Section 138 of the N.I.Act and the submission of the learned Counsel for the petitioner that the absence of the petitioner was not willful, the Crl.M.C is disposed of, permitting the petitioner to surrender before the Judicial First Class Magistrate Court, Kodungallur in L.P.R. No.313 of 2008 in C.C.No.333/2008 and move an application for bail. In such event, the learned Magistrate shall consider the bail application on the date of surrender itself and pass appropriate orders

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Crl.MC.No.5748 OF 2020(G)

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thereon on the same day. While effecting such consideration, the learned Magistrate shall take into account the dictum laid down by this Court

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in Oseela Abdul Khader and Biju S.Praveen

(supra).

Sd/-

V.G.ARUN JUDGE

Scl/17.12.2020

Shahul Hameed v. State of Kerala

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Shahul Hameed v. State of Kerala

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