The Reliance Life Insurance Co. ... vs State Of Kerala
2023 Latest Caselaw 8274 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                    CRL.MC NO. 4076 OF 2023

AGAINST CC NO.715/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
                            PATTAMBI
PETITIONERS/ACCUSED 1 & 2 :

    1      THE RELIANCE LIFE INSURANCE CO. LTD.
           10TH FLOOR, BUILDING NO. 2, R TECH PARK,
           NIRLON COMPOUND, NEXT TO HUB MALL,
           B/H1, FLEX BUILDING, GORGOAN, MUMBAI,
           (VANRAI POLICE STATION IN GOREGAON EAST),
            PIN - 400063
    2      THE RELIANCE LIFE INSURANCE CO. LTD.
           REPRESENTED BY ITS AUTHORIZED SIGNATORY,
           10TH FLOOR, BUILDING NO. 2, R TECH PARK,
           NIRLON COMPOUND, NEXT TO HUB MALL, B/H1,
           FLEX BUILDING, GORGOAN, MUMBAI,
           (VANRAI POLICE STATION IN GOREGAON EAST).,
            PIN - 400063

           BY ADVS.
           ALEX.M.SCARIA
           C.VIVEK
           SREEKALA KRISHNADAS

RESPONDENTS/STATE & COMPLAINANT :

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

    2      KHALID ABDUL NAZAR
           AGED 47 YEARS
           S/O KHALID, POOZHIKUNNATH HOUSE, THIRUVEGAPPURA,
           NEDUNGOTTUR P.O., PALAKKAD DISTRICT,
           REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
           MOHAMMADALI P.K., AGED 33 YEARS, S/O KHALID,
           POOZHIKUNNATH HOUSE, THIRUVEGAPPURA,
           NEDUNGOTTUR P.O., PALAKKAD DISTRICT,
 Crl.M.C. No.4076 of 2023        2



              (PATTAMBI POLICE STATION LIMIT), PIN - 679308


              BY ADVS.
              T.K.AJITH KUMAR T K
              HARITHA HARIDAS(K/590/2020)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. No.4076 of 2023              3




                                    ORDER

This petition is filed seeking to quash all further proceedings in C.C.

No.715/2018 on the files of the Judicial Magistrate of First Class, Pattambi.

The aforesaid complaint was lodged under Section 138 of the Negotiable

Instruments Act, alleging that a cheque for a sum of Rs.8,33,977.97/- issued

by the petitioners herein was dishonored on presentation.

2. Sri. Alex M. Scaria, the learned counsel appearing for the

petitioners submitted that on receipt of the legal notice, the petitioners herein

had transferred the amount due to the complainant and to substantiate the

said contention, the payment confirmation Certificate issued by the bank is

placed on record. It is further submitted that stating the above aspects, a

reply notice was also issued. According to the learned counsel, in view of the

above turn of events, the continuance of criminal proceedings is a clear abuse

of process.

3. Sri. T.K. Ajith Kumar, the learned counsel appearing for the party

respondent, submitted that he has filed a memo before this Court stating that

the party respondent has received the amount covered under the cheque and

that he has no other grievance.

4. As the amount covered under the cheque has been paid, nothing

further survives in this petition. This petition will stand allowed. All further

proceedings against the petitioners pending as CC No.715/2018 on the files of

the Judicial Magistrate of First Class, Pattambi, are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

NS

APPENDIX OF CRL.MC 4076/2023

PETITIONER ANNEXURES :

Annexure A1 CERTIFIED COPY OF THE CC NO. 715 OF 2018 DATED 25/11/2015 FILED BY THE 2ND RESPONDENT BEFORE THE JFCM COURT, PATTAMBI.

Annexure A2 TRUE COPY OF THE CHEQUE DATED 16/06/2015 BEARING NO. 396122.

Annexure A3 TRUE COPY OF THE MEMO DATED 04/09/2015 ISSUED BY THE PUNJAB NATIONAL BANK, THIRUVEGAPURA BRANCH.

Annexure A4 TRUE COPY OF THE LAWYER NOTICE DATED 22/09/2015.

Annexure A5 TRUE COPY OF THE REPLY NOTICE DATED 19/10/2015.

Annexure A6 TRUE COPY OF THE CERTIFICATE DATED 04/05/2022 ISSUED BY THE HDFC BANK Annexure A7 TRUE COPY OF THE JUDGMENT DATED 15/02/2010 IN NATIONAL SMALL INDUSTRIES CORPORATION LTD., V. HARMEEET SINGH PAINTAL & ORS Annexure A8 TRUE COPY OF THE JUDGMENT DATED 20/09/2005 IN SMS PHARMACEUTICALS LTD., V. NEETA BHALLA & ORS