Dismissed

Naser Thampi, v. State of Kerala

Kerala HC4 Aug 2021Crl.MC/25/2021

Case brief

AI extract

What is this about?

Petitioner sought quashing of Section 138 NI Act proceedings alleging false case and absence at the time of cheque execution. Court held quashing inappropriate and denied jurisdiction to quash. Court directed petitioner to move trial court for regular bail within one month.

What did the court decide?

Crl.M.Cs. dismissed; Petitioner directed to move trial court for regular bail within one month.

Naser Thampi, Vs State of Kerala — Cheque Dishonour | Kerala HC (2021)

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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 P.SOMARAJAN

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WEDNESDAY, THE 4^TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943

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CRL.MC NO. 16 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CC 8063/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS,IRINJALAKUDA, THRISSUR

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PETITIONER/S:

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NASER THAMPI, AGED 52, SON OF ABDUL SALAM THAMPI, A.S.N.BUNGLOW, VETTOR, NEDUMANGAD P.O.THIRUVANANTHAPURAM-695 307.

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BY ADVS. K.P.SANTHI SMT.TARA PREM

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RESPONDENTS/STATE AND COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 M.H. KRISHNAKUMAR, SON OF HARIHARAN, MULAKKAL HOUSE, PUTHUKKAD, THRISSUR680 301, REPRESENTED BY POWER OF ATTORNEY, C.G.SIVASANKARAN, CHIKUNDIL VEEDU, PUTHUKKAD, THRISSUR680 301.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.08.2021, ALONG WITH Crl.MC.25/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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[Crl.MC Nos.16/2021, 25/2021] 2

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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 P.SOMARAJAN

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WEDNESDAY, THE 4^TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943

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CRL.MC NO. 25 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CC 2152/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS, IRINJALAKUDA, THRISSUR

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PETITIONER/ACCUSED:

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NASER THAMPI, AGED 52, SON OF ABDUL SALAM THAMPI, A.S.N. BUNGLOW, VETTOR, NEDUMANGAD P.O., THIRUVANANTHAPURAM-695 307.

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BY ADVS. K.P.SANTHI SMT.TARA PREM

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RESPONDENT/STATE AND COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 M.H.KRISHNAKUMAR SON OF HARIHARAN, MULAKKAL HOUSE, PUTHUKKAD, THRISSUR680 301 REPRESENTED BY POWER OF ATTORNEY, C.G.SIVASANKARAN, CHIKUNDIL VEEDU, PUTHUKKAD, THRISSUR680 301.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.08.2021, ALONG WITH Crl.MC.16/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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[Crl.MC Nos.16/2021, 25/2021] 3

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ORDER

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The petitioner came up against the respective cases initiated under Section 138 of the Negotiable instruments Act to quash the same on the ground that it is only a false case. It is contended that the executant of the cheque was not in station at the time when it was executed. It is a matter to be adjudicated by the trial court, for which this court cannot exercise the jurisdiction under Section 482 Cr.P.C. Inter alia, it is contended that LP was registered against the petitioner without even serving summons/notice. Hence, it is fit and proper to afford an opportunity to the petitioner to appear and move for regular bail before the trial court

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within one month from today. The trial court shall

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consider the bail application, if any moved within that time, on the same day itself. Reserving the said right of the petitioner, the Crl.M.Cs. are dismissed.

Sd/-

P.SOMARAJAN

JUDGE

msp

[Crl.MC Nos.16/2021, 25/2021] 4

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	APPENDIX OF CRL.MC 25/2021
PETITIONER ANNEXURE
ANNEXURE I	TRUE COPY OF THE CHEQUE DATED 4.11.2012 ISSUED BY THE PETITIONER.
ANNEXURE II	TRUE COPY OF THE NOTICE DATED 1.2.2013 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE III	TRUE COPY OF THE POSTAL RECEIPT AND COVER DATED 2.2.2013.
ANNEXURE IV	TRUE COPY OF THE COMPLAINT DATED 18.5.2013 FILED BY THE 2ND RESPONDENT.
ANNEXURE V	TRUE COPY OF RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER.

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[Crl.MC Nos.16/2021, 25/2021] 5

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APPENDIX OF CRL.MC 16/2021

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PETITIONER ANNEXURE

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ANNEXURE 1	TRUE COPY OF THE CHEQUE DATED 4.2.2013 ISSUED BY THE PETITIONER
ANNEXURE 11	TRUE COPY OF THE NOTICE DATED 23.2.2013 ISSUED BY THE 2ND RESPONDENT
ANNEXURE 111	TRUE COPY OF THE POSTAL RECEIPT AND COVER
ANNEXURE IV	CERTIFIED COPY OF THE COMPLAINT DATED 18.5.2013 FILED BY THE 2ND RESPONDENT
ANNEXURE V	TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER

Naser Thampi, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Naser Thampi, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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