Rafeeq vs State of Kerala

Type Court Judgment Court Kerala Decided Sep 01, 2023

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Citation: sooperkanoon.com/1387151
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Sep 01, 2023
Case Number: Crl.MC/7148/2023

Parties & Advocates

Appellant / Petitioner

Rafeeq

Respondent

State of Kerala

Excerpt

.....haffet steels 4 residing at parakkett house perode p.o, kozhikode, pin - 673504 by adv c.seena public prosecutor this criminal misc. case having come up for admission on 01.09.2023, the court on the same day passed the following: crl.m.c.7148/2023 3orderpetitioner is the 2nd accused in s.t.no.66/2017 on the files of the chief judicial magistrate court, kottayam, now transferred to the long pending register and numbered as l.p.no.26/2022.2. petitioner’s case is that the 4th respondent was running a business underthe name and style ‘m/s. haffet steels’ and the petitioner joined in business on 01.05.2016. on 10.05.2016, the petitioner, on behalf of the 3 rd respondent, placed an order for 11.090 tons of g p tubes with the 2 nd respondent after paying an amount of rs.2,00,000/- as advance through his account. the petitioner and the 4 th respondent, on behalf of the 3 rd respondent, promised to pay the balance amount within five months. thereafter, as per invoices dated 15.05.2016, the 2 nd respondent supplied 11.090 tons of g p tubes valued at rs.6,22,703/- to the 3 rd respondent, the firm. out of the balance amount due to the 2nd respondent, on 04.06.2016, the petitioner, on his own behalf and as the partner of the 3 rd respondent's partner, paid rs.1,00,000/- as part payment. as on 10.09.2016, an amount of rs.3,22,703/- was due from the 4th respondent to the 2nd respondent towards the part payment. the 4th respondent, on his own behalf and as the partner of the 3 rd respondent, issued a cheque dated 1.09.2016 for rs. 3,00,000/- drawn on the idbi bank, nadapuram branch. on the presentation of the cheque, the same was dishonoured on 2.12.2016 for the reason ‘funds insufficient.’ as the petitioner was absent, the case was split up and was refiled as st no.504/2019 and later transferred into the long pending register and numbered as lp 26/2022 before the chief judicial magistrate’s court, kottayam. though the prayer in the petition is to quash the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 1ST DAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945 CRL.MC NO. 7148 OF 2023 AGAINST L.P.No.26/2022 OF CHIEF JUDICIAL MAGISTRATE COURT ,KOTTAYAM IN S.T.No. 514/2019 OF CHIEF JUDICIAL MAGISTRATE COURT ,KOTTAYAM PETITIONER/2nd ACCUSED: RAFEEQ S/O POKKAR HAJI, KODAYANKOTHU THAZHAKUNIYIL CHELAKODE P.O, KUTTIPURAM, VADAKAR, KOZHIKODE, PIN - 679571

BY ADVS. SHARAN SHAHIER RAKHY BABY EDWIN JOSEPH RESPONDENTS/STATE, COMPLAINANT & ACCUSED NOS. 1 & 3: STATE OF KERALA REPRESENTED PUBLIC PROSECUTOR, 1 HIGH COURT OF KERALA, KOCHIN, PIN - 682031 2 M/S EMIRATES STEELS TUBES PVT.LTD REGISTERED OFFICE AT Crl.M.C.7148/2023 2 KIZHAKKETHIL AECADE NAGAMPADAM REPRESENTED BY MANAGING PARTNER, PIN - 686001

M/S. HAFFET STEEL, ROOM NO. 63A, PERODE MARKET, 3 PERODE P.O, NADAPURAM REPRESENTED BY MANAGING PARTNER, PIN - 673504 GAFOOR PUNNOLI PARTNER, M/S HAFFET STEELS 4 RESIDING AT PARAKKETT HOUSE PERODE P.O, KOZHIKODE, PIN - 673504 BY ADV C.SEENA PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.7148/2023 3

ORDER

Petitioner is the 2nd accused in S.T.No.66/2017 on the files of the Chief Judicial Magistrate Court, Kottayam, now transferred to the long pending register and numbered as L.P.No.26/2022.

2. Petitioner’s case is that the 4th respondent was running a business under

the name and style ‘M/s. Haffet Steels’ and the petitioner joined in business on 01.05.2016. On 10.05.2016, the petitioner, on behalf of the 3 rd respondent, placed an order for 11.090 tons of G P Tubes with the 2 nd respondent after paying an amount of Rs.2,00,000/- as advance through his account. The petitioner and the 4 th respondent, on behalf of the 3 rd respondent, promised to pay the balance amount within five months. Thereafter, as per invoices dated 15.05.2016, the 2 nd respondent supplied 11.090 tons of G P Tubes valued at Rs.6,22,703/- to the 3 rd respondent, the firm. Out of the balance amount due to the 2nd respondent, on 04.06.2016, the petitioner, on his own behalf and as the partner of the 3 rd respondent's partner, paid Rs.1,00,000/- as part payment. As on 10.09.2016, an amount of Rs.3,22,703/- was due from the 4th respondent to the 2nd respondent towards the part payment. The 4th respondent, on his own behalf and as the partner of the 3 rd respondent, issued a cheque dated 1.09.2016 for Rs. 3,00,000/- drawn on the IDBI Bank, Nadapuram branch. On the presentation of the cheque, the same was dishonoured on 2.12.2016 for the reason ‘funds insufficient.’ As the petitioner was absent, the case was split up and was refiled as ST No.504/2019 and later transferred into the Long Pending Register and numbered as LP 26/2022 before the Chief Judicial Magistrate’s Court, Kottayam. Though the prayer in the petition is to quash the proceedings referred Crl.M.C.7148/2023 4 above, the learned counsel for the petitioner submits that he may be allowed to surrender before the jurisdictional court.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Considering the limited relief as sought for by the petitioner, I am inclined to dispose of the Crl. M.C. by passing the following directions.

1. The petitioner will be at liberty to surrender within a period of three

weeks from today before the Chief Judicial Magistrate Court, Kottayam, in S.T.No.514/2019 numbered as L.P.No.26/2022, and move an application for bail with notice to the learned Public Prosecutor.

2. If the petitioner files such an application, the learned Magistrate shall

preferably consider and dispose of the bail application in accordance with law on the date of surrender itself. Crl. M.C is disposed of as above. Sd/- MOHAMMED NIAS C.P. JUDGE jka/01.09.23. Crl.M.C.7148/2023 5 APPENDIX OF CRL.M.C.No.7148/2023 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF THE CHEQUE DATED 10.09.2016 FOR AN AMOUNT OF RS.3,00,000/- SIGNED BY THE 4TH RESPONDENT ON BEHALF OF THE 3RD RESPONDENT FIRM. Annexure 2 A TRUE COPY OF THE LEGAL NOTICE DATED 27.12.2016 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Annexure 3 TRUE COPY OF THE COMPLAINANT BY THE 2ND RESPONDENT DATED 08.02.2017 S.T.NO. 66/2017 IN BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE KOTTAYAM. Annexure 4 A TRUE COPY OF THE JUDGMENT DATED 26.11.2019 IN ST. NO. 66/2017 BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE KOTTAYAM

Same Court & Year Kerala · 2023 Same Parties Rafeeq vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.