Dismissed

Babumon K G v. State of Kerala

Kerala HC8 Jan 2024Crl.MC/3776/2022

Case brief

AI extract

What is this about?

Accused sought quashing of a pending complaint before the Judicial First Class Magistrate Court-I, Kochi under Section 482 CrPC. With the matter posted for evidence, the petitioner withdrew the petition with liberty to raise contentions before the trial court; the petition was dismissed as withdrawn.

What did the court decide?

Dismissed as withdrawn with liberty to raise contentions before the trial court.

Babumon K G Vs State of Kerala — Cheque Dishonour | Kerala HC (2024)

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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 A. BADHARUDEEN

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MONDAY, THE 8^TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945

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CRL.MC NO. 3776 OF 2022

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AGAINST THE ORDER/JUDGMENT CC 1749/2019 OF JUDICIAL MAGISTRATE OF

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FIRST CLASS -I, KOCHI

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PETITIONER/ACCUSED:

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BABUMON K G, S/O.GOPINATHAN AGED 46 YEARS, PROPRIETOR, EXCELLENT SHIPPING, 1ST FLOOR , LAKSHMI HOUSE, PERUMANOOR JETTY ROAD, W/ISLAND, KOCHI-682003

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BY ADVS. LEEJOY MATHEW.V. SABU S.KALLARAMOOLA

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RESPONDENTS/STATE/COMPLAINANTS:

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1 STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE

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GENERAL, HIGH COURT OF KERALA, PIN - 682031

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2 TOTAL TRANSPORT SYSTEM LIMITED CC 18/1839-A3, PALLICHAL ROAD PARRY JUNCTION, THOPPUMPADY, KOCHI, PIN - 682005 REPRESENTED BY IT'S MANAGER MR BIJU D

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3 BIJU D AGED 39 YEARS S/O DIVAKARAN, BRANCH MANAGER, TOTAL TRANSPORT SYSTEM LIMITED 18/1839-A3, PALLICHAL ROAD, PARRY JUNCTION, THOPPUMPADY, KOCHI- 682005 BY ADVS. SASI M R N.P.SILPA(K/471/2015) SREEKUMAR K.V.(K/348/2019) DHARMYA M.S(K/1412/2020) KAVYA KRISHNAN(K/1848/2021) SRI.DENNY K DEVASSY, SR.PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3776 OF 2022

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O R D E R

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Dated this the 8^th day of January, 2024

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Petitioner, who is the accused in C.C.No.1749/2019 on

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the files of the Judicial First Class Magistrate Court-I, Kochi, has filed this petition under Section 482 of the Code of

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Criminal Procedure, 1973, with the following prayers.

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“i) Call for the records in C.C.1749/2019 pending before the Judicial First Magistrate Court-I, Kochi and quash Annexure -4 Complaint.

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ii) Issue such other order or directed on the Hon'ble Court dues filed and proper.”

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The learned counsel for the petitioner submitted

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that the prosecution launched, on the basis of Annexure 4 complaint, is not prima facie sustainable. Therefore, the same is liable to be quashed.

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Resisting this contention, the learned counsel for

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respondents 2 and 3 submitted that the contentions raised throughout this Crl.M.C. are matters of evidence for which

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CRL.MC NO. 3776 OF 2022

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trial is necessary.

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At this juncture, the learned counsel for the

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petitioner submits that since the matter stands posted for evidence, the petition may be permitted to be withdrawn with liberty to raise the contentions before the trial court in accordance with law.

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Recording the submission, this Crl.M.C. stands dismissed as withdrawn, with liberty to the petitioner to raise contentions to defend the case in accordance with law.

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Registry is directed to forward a copy of this order to the

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court below concerned, within two weeks for information.

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Sd/A. BADHARUDEEN JUDGE

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nkr

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CRL.MC NO. 3776 OF 2022 4

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APPENDIX OF CRL.MC 3776/2022

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PETITIONER ANNEXURES

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ANNEXURE 1	A TRUE COPY OF BY THE PE	TH TITI	E COMPLIA ONER B	NT PREFERRED EFORE THE
	ASST.COMMISSION MATTANCHERRY	ER	OF	POLICE,
ANNEXURE 2	A TRUE COPY OF PASSED BY THE THE TALUK LE KOCHI	THE LOK GAL	AWARD DAT ADALAT O SERVICES	ED 21.1.2019 RGANIZED BY AUTHORITY,
ANNEXURE 3	A TRUE COPY OF	THE	EXECUTION	PETITION
ANNEXURE 4	CERTIFIED COPY NO.1749 OF 201 KOCHI FILED BY	OF 9 PE THE	THE COMP NDING BEF 2ND & 3RD	LAINT IN CC ORE JFCM -1, RESPONDENT

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RESPONDENT ANNEXURES

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ANNEXURE R2(A)	TRUE COPY OF THE STATEMENT OF DUES.
ANNEXURE R2(B)	TRUE COPY OF THE INVOICE DATED 31/03/2018 ISSUED TO EXCELLENT SHIPPING, WELLINGTON ISLAND FOR RS.1,94,510/-.
ANNEXURE R2(C)	TRUE COPY OF THE INVOICE DATED 31/03/2018 ISSUED TO EXCELLENT SHIPPING, WELLINGTON ISLAND FOR RS. 1,84,337/-.
ANNEXURE R2(D)	TRUE COPY OF THE INVOICE DATED 30/04/2018 ISSUED TO EXCELLENT SHIPPING, WELLINGTON ISLAND FOR RS.1,74,849/-.
ANNEXURE R2(E)	TRUE COPY OF THE INVOICE DATED 30/06/2018 ISSUED TO EXCELLENT SHIPPING, WELLINGTON ISLAND FOR RS. 1,70,706/-.
ANNEXURE R2(F)	TRUE COPY OF THE INVOICE DATED

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CRL.MC NO. 3776 OF 2022

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30/06/2018 ISSUED TO EXCELLENT SHIPPING, WELLINGTON ISLAND FOR RS. 1,77,940/-.

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ANNEXURE R2(G) TRUE COPY OF THE INVOICE DATED 12/07/2018 ISSUED TO EXCELLENT SHIPPING, WELLINGTON ISLAND FOR RS. 44,516/-. ANNEXURE A2(H) TRUE COPY OF THE INVOICE DATED 11/12/2018 ISSUED TO EXCELLENT SHIPPING, WELLINGTON ISLAND FOR RS. 1,73,605/-.

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ANNEXURE R2(I) TRUE COPY OF THE STATEMENT OF ACCOUNTS FOR THE PERIOD FROM 01/10/2015 TO 25/11/2021 OF SUB LEDGER IN RESPECT OF EXCELLENT SHIPPING RUN BY THE PETITIONER. ANNEXURE R2(J) TRUE COPY OF LETTER DATED 21/12/2018 ISSUED TO THE PETITIONER IN RESPECT OF THE RELEASE OF YANG MING BILL OF LADING NO. YMLUE510009908.

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ANNEXURE R2(K) TRUE COPY OF THE CERTIFICATE ISSUED BY MARINE CONTAINER SERVICES (INDIA) PRIVATE LIMITED.

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ANNEXURE R2(L) TRUE PHOTO COPIES OF THE COUNTERFOILS OF THE PAYMENT RECEIPTS.

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ANNEXURE R2(M) TRUE COPY OF THE COMPLAINT DATED 21/05/2019 GIVEN BY TEAM GLOBAL, AGAINST THE PETITIONER. ANNEXURE R2(N) TRUE COPY OF EMAIL COMMUNICATIONS ON VARIOUS DATES.

Babumon K G v. State of Kerala

Case brief

What is this about?

What did the court decide?

Babumon K G v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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