K.A. Gopinathan Menoki vs State Of Kerala
2022 Latest Caselaw 6648 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MRS. JUSTICE MARY JOSEPH
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                        CRL.MC NO. 3529 OF 2022
 AGAINST THE ORDER/JUDGMENT IN ST 126/2021 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -I, KOYILANDY


PETITIONER/ACCUSED :-

          K.A. GOPINATHAN MENOKI
          AGED 55 YEARS
          S/O. K.C. BALAKRISHNAN NAIR,
          AGED 55 YEARS, GOKULAM HOUSE,
          CHEROOPA P.O.,
          KOZHIKODE DISTRICT, PIN - 673661

          BY ADV K.RAKESH


RESPONDENTS/STATE & DEFACTO COMPLAINANT :-

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

    2     SREEJAN O
          AGED 55 YEARS
          S/O. SEKHARAN, AGED 55 YEARS,
          VAYAL PURAYIL HOUSE, EAST ROAD,
          KOYILANDY, KOYILANDY P.O.,
          KOZHIKODE DISTRICT, PIN - 673305


          BY SRI V.S SREEJITH, PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3529 OF 2022
                                  2




                              ORDER

Dated this the 09th day of June, 2022

This petition is filed under Section 482 of the Code of Criminal

Procedure, 1973 (for short 'Cr.P.C') seeking to quash a complaint

lodged by the 2nd respondent under Section 138 of the Negotiable

Instruments Act, 1881 (for short 'NI Act') taken on files by Judicial

First Class Magistrate Court, Koyilandy, Kozhikode District (for

short 'court below') as S.T.No.126/2021.

2. The contention of the learned counsel for the petitioner

was that enquiry under Section 202 Cr.P.C was not conducted by the

court below prior to taking the decision to issue process to the

petitioner. It is further contended that a complaint has been lodged

by the petitioner against the 2nd respondent alleging cheating and

after conducting investigation, the final report has been laid by the

police. According to him, those are sufficient grounds to quash the

complaint.

CRL.MC NO. 3529 OF 2022

3. This court finds that the documents now proposed to be

relied on by the learned counsel for quashing the complaint require

more evidence to be adduced for its admission in evidence.

Moreover, it is noticed that the complaint has been taken on file after

recording the sworn statement of the complainant and therefore there

is no basis in contending that enquiry as contemplated by Section

202 Cr.P.C has not been conducted in the case by the Magistrate

while taking the complaint on file. The petitioner can adduce the

evidence now sought to be relied on for quashing the complaint,

during trial.

Crl.M.C fails for the reasons and is dismissed.

Sd/-

MARY JOSEPH JUDGE SMA CRL.MC NO. 3529 OF 2022

APPENDIX OF CRL.MC 3529/2022

PETITIONER ANNEXURES :-

Annexure A A TRUE COPY OF THE COMPLAINT FILED UNDER SECTION 190(1)(A) CR.P.C. R/W SECTION 142 OF THE NEGOTIABLE INSTRUMENTS ACT DATED 4-1-2021 FILED BY THE 2ND RESPONDENT AS AGAINST THE PETITIONER

Annexure B A TRUE COPY OF THE FIR IN CRIME NO.787/2020 OF THE MAVOOR POLICE STATION DATED 24-11-2020

Annexure C A TRUE COPY OF THE REPLY NOTICE SENT BY THE PETITIONER'S ADVOCATE TO THE 2ND RESPONDENT'S ADVOCATE