T Padmajan, Managing Director,M/S.Shoreline Lifestyle Pvt.Ltd v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 Crl.MC.No. 1419 of 2015 () --------------------------- CC.NO. 291/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I,KOCHI --------------------- PETITIONER/ACCUSED NO.1:- -------------------------------------------------- T. PADMAJAN, MANAGING DIRECTOR, M/S.SHORELINE LIFESTYLE PVT. LTD., 28/3377, FIRST FLOOR, MENON'S COMPLEX, KADAVANTHRA, ELAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.
BY ADVS.SRI.P.CHANDRASEKHAR SRI.P.A.MOHAMMED SHAH SRI.SOORAJ T.ELENJICKAL SMT.P.M.MAZNA MANSOOR RESPONDENT(S)/(STATE-COMPLAINANT):- ------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUNANDAPPAN, S/O.AYAPPAN, 'ANUGRAHA', PUNNAPRA, PARAVUR VILLAGE, AMPALAPUZHA TALUK, ALAPPUZHA DIST - 688 004.
R1 BY PUBLIC PROSECUTOR SMT. P.MAYA R2 BY ADVS. SRI.M.D.SASIKUMARAN SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G SRI.DIPU JAMES THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 1419 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
---------------------------------------------- ANNEX I.
THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN CRL.M.C 186/2012 DATED 14.06.2014.
ANNEX II.
THE CERTIFIED COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI IN CMP NO.192/2015 DATED 23.02.2015.
ANNEX III.
THE CERTIFIED COPY OF THE COMPLAINT IN CC NO.291 OF 2015 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI. RESPONDENT(S)' ANNEXURES:
NIL ------------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.1419 of 2015 B ````````````````````````````````````````````````````````````` Dated this the 8th day of October, 2015
O R D E R
~ ~ ~ ~ ~ ~ The matter relates to C.C.No.291/15 pending before the Judicial First Class Magistrate's Court-I, Kochi, in respect of an offence punishable under Section 138 of the Negotiable Instruments Act.
2.
The 3rd accused, and the complainant, who is the 2nd respondent herein, have jointly filed a compromise petition under Section 147 of the Negotiable Instruments Act before this Court stating that the matter has been amicably settled between the parties, and that the 2nd respondent has received all the moneys due to him from the accused. Matters being so, the offence is treated as compounded and the same has got the effect of acquittal within the meaning of Section 320(8) Cr.P.C. Hence, there is no meaning in proceeding with the matter further. Therefore, Annexure-III
Crl.M.C.1419/2015 : 2 :
complaint and all further proceedings pursuant to it in C.C.No.291/2015 on the file of the Judicial First Class Magistrate's Court-I, Kochi are liable to be quashed. In the result, this Crl.M.C. is allowed and Annexure-III complaint and all further proceedings pursuant to it in C.C.No.291/2015 on the file of the Judicial First Class Magistrate's Court-I, Kochi are hereby quashed. Sd/- (B.KEMAL PASHA, JUDGE) aks/08/10 // True Copy // PA to Judge