Sajeeb S. vs Abdul Salam

Type Court Judgment Court Kerala Orders Decided Feb 24, 2023

~2 min read

https://sooperkanoon.com/case/1341083

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1341083
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Feb 24, 2023
Case Number: Crl.MC/1540/2023

Parties & Advocates

Appellant / Petitioner

Sajeeb S.

Respondent

Abdul Salam

Excerpt

.....represented by public prosecutor, high court of kerala, pin - 682 031. sri. renjith george - pp this criminal misc. case having come up for admission on 24.02.2023, the court on the same day passed the following:orderdated this the 24th day of february, 2023 the petitioner is the accused in c.c no.949 of 2017 pending on the files of the judicial first class magistrate court, kodungallur. the case originated from a complaint filed by the 1 st respondent against the petitioner alleging commission of offence under section 138 of the negotiable instruments act.2. this crl.m.c is filed seeking to quash thecomplaint and further proceedings, based primarily on the ground that the petitioner having issued a cheque drawn on the account of his company, the complaint filed without arraying the company as accused is not maintainable.3. although the learned counsel for the petitionerput forth detailed arguments, i am of the considered opinion that the ground urged in the crl.m.c ought to be raised before the trial court first. the availability of a legal contention is no reason for this court to invoke the inherent power under section 482 cr.p.c. in the result, the crl.m.c is dismissed, reserving the petitioner’s right to raise the contention urged in this crl.m.c before the trial court. sd/- v.g.arun judge spr appendix petitioner's exhibits:- annexure - 1 certified copy of the private complaintin c.c. no.949/2017 on the file of the judicial first class magistrate court, kodungallur with legible copy. annexure - 2 certified copy of the cheque bearing no.619328. annexure - 3 true copy of the interim order dated 18.01.2023 in crl.r.p. no.1414/2019 of this hon'ble court. respondents exhibits: nil.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944 CRL.MC NO. 1540 OF 2023 CC NO.949/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR PETITIONER/ACCUSED: SAJEEB S. AGED 40 YEARS S/O. SIRAJUDEEN, VALAYIL HOUSE, KANNAMPALLY BHAGAM MURI, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV S.JUSTUS RESPONDENTS/COMPLAINANT & STATE: 1 ABDUL SALAM AGED 51 YEARS S/O. ABDULLA, MOONNAKKAPARAMBIL HOUSE, KAIPAMANGALAM P. O., KODUNGALLUR TALUK, THRISSUR DISTRICT, PIN - 680 681. 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. SRI. RENJITH GEORGE - PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 24th day of February, 2023 The petitioner is the accused in C.C No.949 of 2017 pending on the files of the Judicial First Class Magistrate Court, Kodungallur. The case originated from a complaint filed by the 1 st respondent against the petitioner alleging commission of offence under Section 138 of the Negotiable Instruments Act.

2. This Crl.M.C is filed seeking to quash the

complaint and further proceedings, based primarily on the ground that the petitioner having issued a cheque drawn on the account of his company, the complaint filed without arraying the company as accused is not maintainable.

3. Although the learned counsel for the petitioner

put forth detailed arguments, I am of the considered opinion that the ground urged in the Crl.M.C ought to be raised before the trial court first. The availability of a legal contention is no reason for this Court to invoke the inherent power under Section 482 Cr.P.C. In the result, the Crl.M.C is dismissed, reserving the petitioner’s right to raise the contention urged in this Crl.M.C before the trial court. Sd/- V.G.ARUN JUDGE SPR APPENDIX PETITIONER'S EXHIBITS:- ANNEXURE - 1 CERTIFIED COPY OF THE PRIVATE COMPLAINT

IN C.C. NO.949/2017 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR WITH LEGIBLE COPY. ANNEXURE - 2 CERTIFIED COPY OF THE CHEQUE BEARING NO.619328. ANNEXURE - 3 TRUE COPY OF THE INTERIM ORDER DATED 18.01.2023 IN CRL.R.P. NO.1414/2019 OF THIS HON'BLE COURT. RESPONDENTS EXHIBITS: NIL.

Same Court & Year Kerala Orders · 2023 Same Parties Sajeeb S. vs Abdul Salam Same Judge Honourable Mr.Justice V.G.Arun