Disposed

M. Shajideen, v. K.M. Ashraf

Kerala HC3 Mar 2025Crl.MC/1978/2025

Case brief

AI extract

What is this about?

The court disposed of criminal miscellaneous petitions challenging appellate orders that declined directing payment of 20% compensation under Section 148 of the NI Act. Finding the appellate discretion understandable and reasons stated, the court upheld the refusal but directed the lower court to expedite the pending appeals filed in 2014.

What did the court decide?

Directing the court below to take earnest efforts to decide the Criminal Appeals expeditiously since the complaint was filed in 2014.

M. Shajideen, Vs K.M. Ashraf — Cheque Dishonour | Kerala HC (2025)

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2025:KER:18112

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Crl.MC Nos.1978/2025 & 2009/2025

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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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MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946

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CRL.MC NO. 1978 OF 2025

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AGAINST THE ORDER/JUDGMENT DATED 17.12.2024 IN

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CRL.A NO.266 OF 2024 OF DISTRICT COURT & SESSIONS COURT,

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THIRUVANANTHAPURAM

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PETITIONER:

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M. SHAJIDEEN
AGED 72 YEARS
S/O.MYTHEEN PICHA, FIRST FLOOR,
'MARVEL MANSION', GOUREESAPATTOM,
PATTOM P.O., THIRUVANANTHAPURAM,
PIN - 695004

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BY ADVS.
PIRAPPANCODE V.S.SUDHIR
AKASH S.
GIRISH KUMAR M S
RICHU THERESA ROBERT
RAJALAKSHMI.R.

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RESPONDENTS:

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1K.M. ASHRAF
&#8216; PHOENIX’, T.C.NO.38/204,
POWER HOUSE ROAD, CHENTHITTA,
THIRUVANANTHAPURAM,
PIN - 695036

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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,

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2025:KER:18112

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Crl.MC Nos.1978/2025 & 2009/2025

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HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031

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BY SMT. PUSHPALATHA. M.K, SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.03.2025, ALONG WITH CRL.MC.2009/2025, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

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2025:KER:18112

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Crl.MC Nos.1978/2025 & 2009/2025

¶26

¶27

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶28

PRESENT

¶29

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶30

MONDAY, THE 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946

¶31

CRL.MC NO. 2009 OF 2025

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AGAINST THE ORDER/JUDGMENT DATED 17.12.2024 IN
CRL.A NO.267 OF 2024 OF ADDITIONAL DISTRICT COURT
(ADHOC), THIRUVANANTHAPURAM

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PETITIONER:

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M. SHAJIDEEN
AGED 72 YEARS
S/O.MYTHEEN PICHA, FIRST FLOOR,
'MARVEL MANSION', GOUREESAPATTOM,
PATTOM P.O., THIRUVANANTHAPURAM,
PIN - 695004

¶35

BY ADVS.
PIRAPPANCODE V.S.SUDHIR
AKASH S.
GIRISH KUMAR M S
RICHU THERESA ROBERT
RAJALAKSHMI.R.

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RESPONDENTS:

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1K.M.ASHRAF
&#8216; PHOENIX’, T.C.NO.38/204,
POWER HOUSE ROAD, CHENTHITTA,
THIRUVANANTHAPURAM, PIN - 695036

¶38

Crl.MC Nos.1978/2025 & 2009/2025

¶39

¶40

2025:KER:18112

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2STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031

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BY SRI. M.C. ASHI, PP.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.03.2025, ALONG WITH CRL.MC.1978/2025, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

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2025:KER:18112

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Crl.MC Nos.1978/2025 & 2009/2025

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ORDER

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These Crl.M.Cs are filed challenging the orders issued by the Appellate Court, declining to direct payment of 20% of the compensation directed to be paid by the trial court while convicting the 1^st respondent for the offence under Section 138 of the Negotiable Instruments Act.

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Learned counsel for the petitioner contends that the refusal to direct payment of portion of the compensation is contrary to the spirit of Section 148 of the Negotiable Instruments Act and is also vitiated by nonapplication of mind.

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The Appellate Court having exercised its discretion by declining to direct payment of compensation under Section 148 of the Negotiable Instruments Act, it is not for this Court to decide whether the discretion is executed correctly, particularly when the reason for refusal to direct part payment of compensation is stated in the orders. Therefore, the challenge against the impugned

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Crl.MC Nos.1978/2025 & 2009/2025

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2025:KER:18112

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orders are not found unsustainable.

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The Crl.M.C.s are disposed of, by directing the court below to take earnest efforts to decide the Criminal Appeals

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expeditiously, since the complaint was filed way back in the year 2014.

Sd/-

V.G.ARUN

JUDGE

SPV

Crl.MC Nos.1978/2025 & 2009/2025

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2025:KER:18112

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APPENDIX OF CRL.MC 2009/2025

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PETITIONER’S ANNEXURES

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ANNEXURE ITRUE COPY OF TEH COMMON JUDGMENT IN
C.C.1597/2014 AND C.C.1598/2014 OF THE
SPECIAL COURT OF JUDICIAL MAGISTRATE
OF THE FIRST CLASS FOR THE TRIAL OF
CASES, UNDER SECTION 138 OF NI ACT
1881, THIRUVANANTHAPURAM

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ANNEXURE IITRUE COPY OF THE MEMORANDUM OF
CRL.APPEAL DATED 13.12.2024 FILED BY
THE 1ST RESPONDENT BEFORE THE SESSIONS
COURT, THIRUVANANTHAPURAM

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ANNEXURE IIITRUE COPY OF THE PETITION SUPPORTED BY
AN AFFIDAVIT FILED BY THE 1ST
RESPONDENT, SEEKING TO SUSPEND HIS
CONVICTIONANDSENTENCEIN
C.C.1597/2014

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ANNEXURE IVTHE CERTIFIED COPY OF THE ORDER DATED
17.12.2024 IN CRL.M.P.NO.6489/2024 IN
CRL.APPEAL NO.267/2024 OF THE SESSIONS
JUDGE, THIRUVANANTHAPURAM

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ANNEXURE VTRUE COPY OF THE ORDER DATED
21.03.2024 OF THIS HON'BLE COURT IN
CRL.M.C.1077/2024

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ANNEXURE VITRUE COPY OF THE ORDER DATED
11.12.2024 OF THIS HON'BLE COURT IN
CRL.M.C.NO.9351/2024

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ANNEXURE VIITHE TRUE COPY OF THE STATEMENT OF
ACCOUNT OF THE 1ST RESPONDENT,
MAINTAINED IN THE IDFC FIRST BANK LTD,
THIRUVANANTHAPURAM BRANCH FOR THE
PERIOD FROM 26.12.2022 TO 08.01.2024

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ANNEXURE VIIITRUE COPY OF THE APPLICATION DATED

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2025:KER:18112

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Crl.MC Nos.1978/2025 & 2009/2025

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03.06.2023 FILED BY THE COUNSEL FOR
THE 1ST RESPONDENT SEEKING EXCUSE OF
HIS ABSENCE, ON THE DATE OF POSTING OF
C.C.1597/2014

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ANNEXURE IX

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TRUE COPY OF THE APPLICATION DATED
15.07.2023 FILED BY THE COUNSEL FOR
THE 1ST RESPONDENT SEEKING EXCUSE OF
HIS ABSENCE, ON THE DATE OF POSTING OF
C.C.1597/2014

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RESPONDENTS’ ANNEXURES : NIL

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//TRUE COPY//

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PA TO JUDGE

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Crl.MC Nos.1978/2025 & 2009/2025

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2025:KER:18112

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APPENDIX OF CRL.MC 1978/2025

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PETITIONER’S ANNEXURES

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ANNEXURE ITRUE COPY OF THE COMMON JUDGMENT DATED
14.11.2024 OF THE SPECIAL COURT OF
JUDICIAL MAGISTRATE OF THE FIRST CLASS
FOR THE TRIAL OF CASES, UNDER SECTION
138 OF NI ACT 1881, THIRUVANANTHAPURAM
IN C.C.1597/2014 AND C.C.1598/2014

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ANNEXURE IITRUE COPY OF THE MEMORANDUM OF
CRL.APPEAL DATED 13.06.2024
CHALLENGING THE JUDGMENT IN
C.C.1598/2014 OF THE SPECIAL COURT OF
JUDICIAL MAGISTRATE OF THE FIRST CLASS
FOR THE TRIAL OF CASES, UNDER SECTION
138 OF NI ACT 1881

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ANNEXURE IIITHE TRUE COPY OF THE PETITION
SUPPORTED BY AN AFFIDAVIT FILED BY THE
1ST RESPONDENT, SEEKING TO SUSPEND HIS
CONVICTION AND SENTENCE IN
C.C.1598/2014

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ANNEXURE IVTHE CERTIFIED COPY OF THE ORDER DATED
17.12.2024 OF THE LEARNED SESSIONS
JUDGE, THIRUVANANTHAPURAM IN
CRL.M.P.NO.6490/2024 IN CRL.APPEAL
NO.266/2024

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ANNEXURE VTRUE COPY OF THE ORDER DATED
21.03.2024 OF THIS HON'BLE COURT IN
CRL.M.C.1077/2024

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ANNEXURE VITRUE COPY OF THE ORDER DATED
11.12.2024 OF THIS HON'BLE COURT IN
CRL.M.C.NO.9351/2024

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ANNEXURE VIITRUE COPY OF THE STATEMENT OF ACCOUNT
OF THE 1ST RESPONDENT, MAINTAINED IN
THE IDFC FIRST BANK LTD,

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2025:KER:18112

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Crl.MC Nos.1978/2025 & 2009/2025

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THIRUVANANTHAPURAM BRANCH FOR THE
PERIOD FROM 26.12.2022 TO 08.01.2024

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ANNEXURE VIIITRUE COPY OF THE APPLICATION DATED
03.06.2023 FILED BY THE 1ST
RESPONDENT'S COUNSEL, SEEKING EXCUSE
OF HIS ABSENCE, ON THE DATE OF POSTING
OF C.C.1597/2014

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ANNEXURE IXTRUE COPY OF THE APPLICATION DATED
15.07.2023 FILED BY THE 1ST
RESPONDENT'S COUNSEL, SEEKING EXCUSE
OF HIS ABSENCE, ON THE DATE OF POSTING
OF C.C.1597/2014

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RESPONDENTS’ ANNEXURES : NIL

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//TRUE COPY//

¶103

PA TO JUDGE

M. Shajideen, v. K.M. Ashraf

Case brief

What is this about?

What did the court decide?

M. Shajideen, v. K.M. Ashraf

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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