Disposed

Rafeeq v. State of Kerala

Kerala HC1 Sept 2023Crl.MC/7148/2023

Case brief

AI extract

What is this about?

Petitioner, a second accused in a cheque dishonour case pending as L.P.No.26/2022, filed Crl.M.C.7148/2023 seeking to surrender and file a bail application. Court granted liberty to surrender within three weeks and directed the Magistrate to consider the bail application on the date of surrender.

What did the court decide?

Petitioner granted liberty to surrender before the Chief Judicial Magistrate Court, Kottayam, within three weeks and file a bail application with notice to the Public Prosecutor.

Rafeeq Vs State of Kerala — Cheque Dishonour | Kerala HC (2023)

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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 MOHAMMED NIAS C.P.

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FRIDAY, THE 1STDAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945

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CRL.MC NO. 7148 OF 2023

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AGAINST L.P.No.26/2022 OF CHIEF JUDICIAL MAGISTRATE COURT ,KOTTAYAM
IN S.T.No. 514/2019 OF CHIEF JUDICIAL MAGISTRATE COURT ,KOTTAYAM

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PETITIONER/2nd ACCUSED:

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RAFEEQ
S/O POKKAR HAJI,
KODAYANKOTHU THAZHAKUNIYIL
CHELAKODE P.O, KUTTIPURAM,
VADAKAR, KOZHIKODE, PIN – 679571
BY ADVS.
SHARAN SHAHIER
RAKHY BABY
EDWIN JOSEPH

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RESPONDENTS/STATE, COMPLAINANT & ACCUSED NOS. 1 & 3:

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STATE OF KERALA
REPRESENTED PUBLIC PROSECUTOR,
1
HIGH COURT OF KERALA,
KOCHIN, PIN – 682031

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2M/S EMIRATES STEELS TUBES PVT.LTD
REGISTERED OFFICE AT

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Crl.M.C.7148/2023

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KIZHAKKETHIL AECADE NAGAMPADAM

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REPRESENTED BY MANAGING PARTNER, PIN – 686001

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M/S. HAFFET STEEL,
ROOM NO. 63A, PERODE MARKET,
3
PERODE P.O, NADAPURAM
REPRESENTED BY MANAGING PARTNER, PIN – 673504
GAFOOR PUNNOLI
PARTNER, M/S HAFFET STEELS
4
RESIDING AT PARAKKETT HOUSE
PERODE P.O, KOZHIKODE, PIN – 673504
BY ADV
C.SEENA
PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.7148/2023

ORDER

Petitioner is the 2^nd accused in S.T.No.66/2017 on the files of the Chief Judicial Magistrate Court, Kottayam, now transferred to the long pending register and numbered as L.P.No.26/2022.

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Petitioner’s case is that the 4^th respondent was running a business under the name and style ‘ M/s. Haffet Steels’ and the petitioner joined in business on 01.05.2016. On 10.05.2016, the petitioner, on behalf of the 3^rd respondent, placed an order for 11.090 tons of G P Tubes with the 2^nd respondent after paying an amount of Rs.2,00,000/- as advance through his account. The petitioner and the 4^th respondent, on behalf of the 3^rd respondent, promised to pay the balance amount within five months. Thereafter, as per invoices dated 15.05.2016, the 2^nd respondent supplied 11.090 tons of G P Tubes valued at Rs.6,22,703/- to the 3^rd respondent, the firm. Out of the balance amount due to the 2nd respondent, on 04.06.2016, the petitioner, on his own behalf and as the partner of the 3^rd respondent's partner, paid Rs.1,00,000/- as part payment. As on 10.09.2016, an amount of Rs.3,22,703/- was due from the 4^th respondent to the 2^nd respondent towards the part payment. The 4^th respondent, on his own behalf and as the partner of the 3^rd respondent, issued a cheque dated 1.09.2016 for Rs. 3,00,000/- drawn on the IDBI Bank, Nadapuram branch. On the presentation of the cheque, the same was dishonoured on 2.12.2016 for the reason ‘funds insufficient.’ As the petitioner was absent, the case was split up and was refiled as ST No.504/2019 and later transferred into the Long Pending Register and numbered as LP 26/2022 before the Chief Judicial Magistrate’s Court, Kottayam. Though the prayer in the petition is to quash the proceedings referred

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Crl.M.C.7148/2023

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above, the learned counsel for the petitioner submits that he may be allowed to surrender before the jurisdictional court.

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Heard the learned counsel for the petitioner and the learned Public

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Prosecutor.

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Considering the limited relief as sought for by the petitioner, I am inclined

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to dispose of the Crl. M.C. by passing the following directions.

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The petitioner will be at liberty to surrender within a period of three weeks from today before the Chief Judicial Magistrate Court, Kottayam, in S.T.No.514/2019 numbered as L.P.No.26/2022, and move an application for bail with notice to the learned Public Prosecutor.

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If the petitioner files such an application, the learned Magistrate shall preferably consider and dispose of the bail application in accordance with law on the date of surrender itself.

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Crl. M.C is disposed of as above.

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Sd/-

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MOHAMMED NIAS C.P. JUDGE

jka/01.09.23.

Crl.M.C.7148/2023

APPENDIX OF CRL.M.C.No.7148/2023

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PETITIONER ANNEXURES
Annexure 1A TRUE COPY OF THE CHEQUE DATED 10.09.2016 FOR AN
AMOUNT OF RS.3,00,000/- SIGNED BY THE 4TH
RESPONDENT ON BEHALF OF THE 3RD RESPONDENT FIRM.
Annexure 2A TRUE COPY OF THE LEGAL NOTICE DATED 27.12.2016
ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Annexure 3TRUE COPY OF THE COMPLAINANT BY THE 2ND RESPONDENT
DATED 08.02.2017 S.T.NO. 66/2017 IN BEFORE THE
HON'BLE CHIEF JUDICIAL MAGISTRATE KOTTAYAM.
Annexure 4A TRUE COPY OF THE JUDGMENT DATED 26.11.2019 IN
ST. NO. 66/2017 BEFORE THE HON'BLE CHIEF JUDICIAL
MAGISTRATE KOTTAYAM

Rafeeq v. State of Kerala

Case brief

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What did the court decide?

Rafeeq v. State of Kerala

Case brief

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