High Court of Kerala allowed a criminal revision petition challenging dismissal of a Section 138 NI Act complaint. Court held single absence of complainant and failure to initiate arrest steps due to absconding of accused are insufficient grounds for dismissal. Order remitted.
Order dated 18.09.2017 set aside; case remitted to Magistrate's Court.
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 N.NAGARESH
MONDAY, THE 11TH DAY OF SEPTEMBER 2023/ 20TH BHADRA, 1945
CRL.REV.PET NO. 91 OF 2018
AGAINST THE ORDER/JUDGMENT CC 313/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERUMBAVOOR
REVISION PETITIONER/COMPLAINANT:
M/S.ARYA FINANCE, TOM'S PARK, P.P ROAD, PERUMBAVOOR-683542, REPRESENTED BY ITS MANAGING PARTNER, P.P JOSE,S/O PATHROSE, PUTHANKUDY HOUSE, KOVAPPADY VILLAGE, AIMURI KARA, ERNAKULAM DISTRICT.683544.
BY ADV SRI.T.K.SAJEEV
RESPONDENTS/ACCUSED:
1 KOMALAVALLY, W/O SUDHAKARAN, 1086, PALACKAL HOUSE, 2, MANJAPPARA PO, KATHRAKADA, NEDUMKANDAM, IDUKKI DISTRICT,PIN.685553 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031
BY SRI.C.S.HRITHWIK, SENIOR PUBLIC PROSECUTOR FOR R2.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.R.P. No.91/2018
: 2 :
N. NAGARESH, J.
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Crl.R.P. No.91 of 2018
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Dated this the 11th day of September, 2023
ORDER
The petitioner, who is the complainant in C.C.No.313/2017 on the files of the Judicial First Class Magistrate's Court-II, Perumbavoor, has filed this Criminal Revision Petition aggrieved by the order in C.C. No.313/2017 of the Judicial First Class Magistrate's Court-II, Perumbavoor.
Crl.R.P. No.91/2018
: 3 :
18.09.2017, the Judicial First Class Magistrate's Court-II dismissed the complaint, under Section 204 Cr.P.C.
petitioner. Though notice is served, the 1st respondent did not appear before this Court.
Crl.R.P. No.91/2018
: 4 :
Printers Ltd., Ernakulam v. State of Kerala and another [2015 (4) KLT 251] has held that complainant cannot be called upon to pay process fee or other fees to issue process if the accused is absconding. In this case, evidently the accused has been absconding as has been stated by the Judicial First Class Magistrate's Court-II in the order dated 18.09.2017.
Crl.R.P. No.91/2018
: 5 :
The order dated 18.09.2017 is therefore set aside and the
case is remitted back to the Magistrate's Court. The parties
may appear before the court on 25.09.2023.
Sd/- N. NAGARESH
JUDGE
sss
2 issues framed by the court
Whether dismissal of criminal complaint under Section 204 Cr.P.C. is justified when complainant was absent for only one meeting and process fee was not deposited due to accused absconding.
Whether steps under Sections 82 and 83 Cr.P.C. for arresting absconding accused must be initiated by complainant for complaint to be dismissed.
Colour shows how this judgement treated each authority
Mohd. AzeemRelied on¶34
Mohd. Azeem v. A. Venkatesh and another (2002) 7 SCC 726 · Who else cites this
Ayodhya Printers Ltd.Applied¶35
Ayodhya Printers Ltd., Ernakulam v. State of Kerala and another [2015 (4) KLT 251]
4 provisions across 2 enactments
M/S.ARYA FINANCE
KOMALAVALLY
STATE OF KERALA
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
