U.K.Yoosuf vs State Of Kerala
2021 Latest Caselaw 3281 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                        Crl.MC.No.4281 OF 2017(E)

AGAINST THE ORDER/JUDGMENT IN CC 1308/2015 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS , PATTAMBI

     CRIME NO.372/2017 OF Manjeswar Police Station , Kasargod


PETITIONERS/ACCUSED 1 &2:

      1      U.K.YOOSUF
             40 YEARS OF AGE, S/O.ABDUL RAHIMAN, MANAGING
             DIRECTOR-UK TRADERS, HOSANGADI, MANJESHWAR P.O.,
             KASARGOD DISTRICT.

      2      ABDULKHADER
             34 YEARS OF AGE, S/O.ABDULLA, AASARAIMOOLA VEEDU,
             HOSANGADI, MANJESHWAR P.O., KASARGOD DISTRICT.

             BY ADVS.
             SRI.SHIRAZ ABDULLA
             SRI.K.ABDUL NASSAR

RESPONDENT/COMPLAINANT:

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

      2      MOHAMMED BASHEER
             37 YEARS OF AGE, S/O.ABOOBACKER, KOZHIKKATTIL VEEDU,
             KAIPPURAM POST, NADUVATTOM VAZHI, PATTAMBI.

             R1   BY   ADV.   SRI. E.C.BINEESH, PUBLIC PROSECUTOR
             R2   BY   ADV.   SRI.S.K.ADHITHYAN
             R2   BY   ADV.   SRI.P.MOHANDAS ERNAKULAM
             R2   BY   ADV.   SRI.MUHAMMED IBRAHIM ABDUL SAMAD
             R2   BY   ADV.   DR.K.P.SATHEESAN SR.
             R2   BY   ADV.   SRI.K.SUDHINKUMAR
             R2   BY   ADV.   SRI.S.VIBHEESHANAN


     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
29.01.2021, ALONG WITH Crl.MC.4284/2017(E), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                          Crl.MC.No.4284 OF 2017

AGAINST THE ORDER/JUDGMENT IN CC 1310/2015 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS , PATTAMBI

     CRIME NO.372/2017 OF Manjeswar Police Station , Kasargod


PETITIONERS/ACCUSED 1 & 2:

      1      YOOSUF
             40 YEARS OF AGE, S/O.ABDUL REHIMAN, MANAGING
             DIRECTOR- U K TRADERS, HOSANGADI, MANJESHWAR P.O.,
             KASARGOD DISTRICT.

      2      ABDULKHADER
             34 YEARS OF AGE, S/O.ABDULLA, AASARAIMOOLA VEEDU,
             HOSANGADI, MANJESHWAR P.O., KASARGOD DISTRICT.

             BY ADVS.
             SRI.SHIRAZ ABDULLA
             SRI.K.ABDUL NASSAR

RESPONDENT/COMPLAINANT:

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

      2      MOHAMMED BASHEER
             37 YEARS OF AGE, S/O.ABOOBACKER, KOZHIKKATTIL VEEDU,
             KAIPPURAM POST, NADUVATTOM VAZHI, PATTAMBI.

             R1   BY   ADV.   SRI.RAMESH CHAND, PUBLIC PROSECUTOR
             R2   BY   ADV.   SRI.S.K.ADHITHYAN
             R2   BY   ADV.   SRI.P.MOHANDAS ERNAKULAM
             R2   BY   ADV.   SRI.MUHAMMED IBRAHIM ABDUL SAMAD
             R2   BY   ADV.   DR.K.P.SATHEESAN SR.
             R2   BY   ADV.   SRI.K.SUDHINKUMAR
             R2   BY   ADV.   SRI.S.VIBHEESHANAN

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
29.01.2021, ALONG WITH Crl.MC.4281/2017(E), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
 Crl.MC.No.4281 OF 2017(E)&
Crl.MC.No.4284 OF 2017


                               3




                             ORDER

The allegation is that two cheques

belonged to accused No.2 were misused by

accused No.1 with active connivance, signed on

it as that of him and issued to the defacto

complainant. Prima facie, it appears that if

it is proved, it would constitute the offence

of cheating punishable under Section 420 IPC.

Nothing was brought to the notice of this Court

so as to exercise the jurisdiction under

Section 482 Cr.P.C. The Crl.M.C. is hence

dismissed.

Sd/-

P.SOMARAJAN

JUDGE SPV Crl.MC.No.4281 OF 2017(E)& Crl.MC.No.4284 OF 2017

APPENDIX OF Crl.MC 4281/2017 PETITIONERS' EXHIBITS:

ANNEXURE A- COPY OF THE INCOME TAX RETURN ACKNOWLEDGEMENT FOR THE ASSESSMENT YEAR 2014-15 OF THE 1ST PETITIONER.

ANNEXURE B- COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD FROM 01/01/2015 TO 11/05/2017 MAINTAINED BY THE 1ST PETITIONER IN CANARA BANK, MANJESWARAM.

ANNEXURE C- COPY OF THE COMPLAINT IN CC.NO.1308/2015 BEFORE THE JFCM COURT, PATTAMBI.

ANNEXURE D- COPY OF FIR IN CRIME NO.372/17 MANJESWARAM POLICE STATION.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE Crl.MC.No.4281 OF 2017(E)& Crl.MC.No.4284 OF 2017

APPENDIX OF Crl.MC 4284/2017 PETITIONERS' EXHIBITS:

ANNEXURE A- COPY OF THE INCOME TAX RETURN ACKNOWLEDGEMENT FOR THE ASSESSMENT YEAR 2014-15 OF THE 1ST PETITIONER.

ANNEXURE B- COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD FROM 01/01/2015 TO 11/05/2017 MAINTAINED BY THE 1ST PETITIONER IN CANARA BANK, MANJESWARAM.

ANNEXURE C- COPY OF COMPLAINT IN CC.NO.1310/15 BEFORE THE JFCM COURT, PATTAMBI AND CMP.5187/14

ANNEXURE D- COPY OF FIR IN CRIME NO.372/17 MANJESWARAM POLICE STATION.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE