Kerala High Court
Naser Thampi vs State Of Kerala on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
CRL.MC NO. 16 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 8063/2013 OF JUDICIAL MAGISTRATE
OF FIRST CLASS,IRINJALAKUDA, THRISSUR
PETITIONER/S:
NASER THAMPI, AGED 52,
SON OF ABDUL SALAM THAMPI, A.S.N.BUNGLOW, VETTOR,
NEDUMANGAD P.O.THIRUVANANTHAPURAM-695 307.
BY ADVS.
K.P.SANTHI
SMT.TARA PREM
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
2 M.H. KRISHNAKUMAR,
SON OF HARIHARAN, MULAKKAL HOUSE, PUTHUKKAD, THRISSUR-
680 301, REPRESENTED BY POWER OF ATTORNEY,
C.G.SIVASANKARAN, CHIKUNDIL VEEDU, PUTHUKKAD, THRISSUR-
680 301.
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:
[Crl.MC Nos.16/2021, 25/2021] 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
CRL.MC NO. 25 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 2152/2013 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, IRINJALAKUDA, THRISSUR
PETITIONER/ACCUSED:
NASER THAMPI, AGED 52,
SON OF ABDUL SALAM THAMPI, A.S.N. BUNGLOW, VETTOR,
NEDUMANGAD P.O., THIRUVANANTHAPURAM-695 307.
BY ADVS.
K.P.SANTHI
SMT.TARA PREM
RESPONDENT/STATE AND COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 M.H.KRISHNAKUMAR
SON OF HARIHARAN, MULAKKAL HOUSE, PUTHUKKAD, THRISSUR-
680 301 REPRESENTED BY POWER OF ATTORNEY,
C.G.SIVASANKARAN, CHIKUNDIL VEEDU, PUTHUKKAD, THRISSUR-
680 301.
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:
[Crl.MC Nos.16/2021, 25/2021] 3
ORDER
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
within one month from today. The trial court shall
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
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.
APPENDIX OF CRL.MC 16/2021
PETITIONER ANNEXURE
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
