M.K.Kunju Muhammed vs State Of Kerala
2021 Latest Caselaw 2970 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                      CRL.MC.NO.7651 OF 2016(F)

AGAINST THE ORDER/JUDGMENT IN CC 1075/2015 OF JUDICIAL FIRST CLASS
         MAGISTRATE COURT - VIII, ERNAKULAM (TEMPORARY)


PETITIONER/ACCUSED:

             M.K.KUNJU MUHAMMED
             AGED 70, S/O M.A.KHADER,
             MANAYAPARAMBU VEEDU, SRM ROAD,
             KALOOR, ERNAKULAM-18.

             BY ADVS.
             SRI.P.MARTIN JOSE
             SRI.M.A.MOHAMMED SIRAJ
             SRI.P.PRIJITH
             SRI.THOMAS P.KURUVILLA

RESPONDENTS/COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM.

      2      ABDUL FAZAL V.A.
             AGED 28 YEARS, S/O M.A.ALI,
             VELLARKODATH VEEDU, MUTTAM,
             THAIKKATTUKARA, ALUVA WEST VILLAGE,
             ALUVA TALUK, ERNAKULAM.


             R1 BY.ADV..SRI.E.C.BINEESH, PUBLIC PROSECUTOR

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD         ON
27.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.7651 OF 2016(F)

                                    2




                              ORDER

In continuation of two criminal complaints

alleging offence under Section 138 of the

Negotiable Instruments Act based on the

dishonour of two cheques, the complainant

attempted to extend criminal liability under

Section 420 IPC by preferring a private

complaint on the reason that subsequent to the

issuance of cheques, stop memo was issued. It

will not constitute any offence under Section

420 IPC. Hence, the complaint and the

cognizance taken in C.C.No.1075/2015 of Judicial

First Class Magistrate-VIII, Ernakulam is hereby

quashed.

The Crl.M.C. is allowed.

Sd/-

P.SOMARAJAN

JUDGE SPV Crl.MC.No.7651 OF 2016(F)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE I: THE CERTIFIED COPY OF THE COMPLAINT

ANNEXURE II: TRUE COPY OF COPY OF AGREEMENT DATED 11.3.2013 EXECUTED BETWEEN PETITIONER AND 2ND RESPONDENT.

ANNEXURE III: TRUE COPY MORTGAGE AGREEMENT DATED 18.6.2011 EXECUTED BETWEEN ABDUL MUMTHAS RAHMAN AND 2ND RESPONDENT.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE