Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945 CRL.MC NO. 9260 OF 2023 AGAINST THE ORDER/JUDGMENT ST 697/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA PETITIONERS/ACCUSED: E.K SUSIL KUMAR AGED 56 YEARS S/O MADHAVAN NAIR, M.M APARTMENT, VELLIPARAMBA P.O, KOZHIKODE DISTRICT, PIN - 673008 BY ADVS. SALIM V.S. SHANAVAS.S A.M.FOUSI A.B.AJIN RESPONDENT(S)/COMPLAINANT: 1 CHANDRA SEKHARAN AGED 57 YEARS S/O. SIVARAMAN NAIR, PAWATH HOUSE, THERTHALLI P.O,KANNUR DISTRICT, PIN - 670571 2 OFFICIAL LIQUIDATOR HIGH COURT OF KERALA, COMPANY LAW BHAVAN 3RD FLOOR, BMC ROAD, THRIKKAKARA P.O, ERNAKULAM, PIN - 682021 3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV. SRI. M.P PRASANTH, PP SRI.K.MONI, SC, OFFICE OF THE OFFICIAL LIQUIDATOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.12.2023, ALONG WITH Crl.MC.9324/2023, 9646/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945 CRL.MC NO. 9324 OF 2023 AGAINST THE ORDER/JUDGMENT ST 3995/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS,TALIPARAMBA PETITIONER(S)/ACCUSED: E.K SUSIL KUMAR, AGED 56 YEARS S/O MADHAVAN NAIR, M.M APARTMENT, VELLIPARAMBA P.O, KOZHIKODE DISTRICT, PIN - 673008 BY ADVS. SALIM V.S. SHANAVAS.S A.M.FOUSI A.B.AJIN RESPONDENT(S)/COMPLAINANT:
1 SUKANYAMOL, AGED 34 YEARS W/O SREERAJ, THAVANIYANKAL HOUSE, NADUVIL P.O, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670582 2 OFFICIAL LIQUIDATOR, COMPANY LAW BHAVAN 3RD FLOOR, BMC ROAD, THRIKKAKARA P.O, ERNAKULAM, PIN - 682021 3 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV.SRI.K.MONI, SC, OFFICE OF THE OFFICIAL LIQUIDATOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.12.2023, ALONG WITH Crl.MC.9260/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945 CRL.MC NO. 9646 OF 2023 AGAINST THE ORDER/JUDGMENT ST 698/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA PETITIONER(S)/ACCUSED: E.K SUSIL KUMAR, AGED 56 YEARS S/O MADHAVAN NAIR, M.M APARTMENT, VELLIPARAMBA P.O, KOZHIKODE DISTRICT, PIN - 673008 BY ADVS. SALIM V.S. SHANAVAS.S A.B.AJIN RESPONDENT(S)/COMPLAINANT:
1 BINEESH K. A, AGED 35 YEARS S/O. BALAKRISHNAN, KIZHAKKEPURAYIL HOUSE, CHUNDAKUNNU P.O, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670632 2 OFFICIAL LIQUIDATOR HIGH COURT OF KERALA, COMPANY LAW BHAVAN 3RD FLOOR, BMC ROAD, THRIKKAKARA P.O, ERNAKULAM., PIN - 682021 3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.K.MONI, SC, OFFICE OF THE OFFICIAL LIQUIDATOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 04.12.2023, ALONG WITH Crl.MC.9260/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945 CRL.MC NO. 9872 OF 2023 AGAINST THE ORDER/JUDGMENT ST 703/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA PETITIONER(S)/ACCUSED: E.K SUSIL KUMAR, AGED 56 YEARS S/O MADHAVAN NAIR, M.M APARTMENT, VELLIPARAMBA P.O, KOZHIKODE DISTRICT, PIN - 673008 BY ADVS. SALIM V.S. A.M.FOUSI A.B.AJIN SHANAVAS.S RESPONDENT(S)/COMPLAINANT:
1 E.K SHEEBA, W/O. RAJEEVAN P.M, EANTHUMTHOTTATHIL HOUSE, KAVUMBAI, KOOTTUMUGHAM P.O, KANNUR DISTRICT , PIN - 670631 2 OFFICIAL LIQUIDATOR HIGH COURT OF KERALA, COMPANY LAW BHAVAN 3RD FLOOR, BMC ROAD, THRIKKAKARA P.O, ERNAKULAM ., PIN - 682021 3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.K.MONI, SC, OFFICE OF THE OFFICIAL LIQUIDATOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 04.12.2023, ALONG WITH Crl.MC.9260/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945 CRL.MC NO. 9936 OF 2023 AGAINST THE ORDER/JUDGMENT ST 699/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA PETITIONER(S)/ACCUSED: E.K SUSIL KUMAR, AGED 56 YEARS S/O MADHAVAN NAIR, M.M APARTMENT, VELLIPARAMBA P.O, KOZHIKODE DISTRICT ., PIN - 673008 BY ADVS. SALIM V.S. SHANAVAS.S A.M.FOUSI A.B.AJIN RESPONDENT(S)/COMPLAINANT & STATE: 1 RESHMA ANIYAN, AGED 41 YEARS, W/O. ANIYAN, MANNALAYIL HOUSE, CHANDANAKAMPARA P.O, TALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670631 2 OFFICIAL LIQUIDATOR HIGH COURT OF KERALA, COMPANY LAW BHAVAN 3RD FLOOR, BMC ROAD, THRIKKAKARA P.O, ERNAKULAM, PIN - 682021 3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.12.2023, ALONG WITH Crl.MC.9260/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ ---------------------------------------------- Dated this the 04th day of December, 2023
ORDER
These Criminal Miscellaneous Cases are filed to quash a Section 138 Negotiable Instruments Act proceedings based on Section 446 of the Companies Act.
2. In the light of the decision of this Court in
Devassy v. Official Liquidator [1997 (2) KLT 80], the same can not be quashed. If there is any other surviving grievance, the petitioner is free to file appropriate proceedings in accordance with law. Granting liberty to the petitioner to file appropriate proceedings in accordance with law, these Criminal Miscellaneous Cases are disposed of. Sd/- P.V.KUNHIKRISHNAN DM JUDGE APPENDIX OF CRL.MC 9324/2023 PETITIONER ANNEXURES ANNEXURE 1 THE CERTIFIED COPY OF THE COMPLAINT
DATED 29.10.2015 FILED BY THE 1ST RESPONDENT HEREIN BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA.
ANNEXURE 2 TRUE COPY OF THE JUDGMENT DATED 04.02.2019 IN COMPANY PETITION NO KERALA . APPENDIX OF CRL.MC 9646/2023 PETITIONER ANNEXURES ANNEXURE 1 THE CERTIFIED COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT HEREIN BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA ANNEXURE 2 TRUE COPY OF THE JUDGMENT DATED 04.02.2019 IN COMPANY PETITION NO APPENDIX OF CRL.MC 9872/2023 PETITIONER ANNEXURES ANNEXURE 1 THE CERTIFIED COPY OF THE COMPLAINT
DATED 13.04.2016 FILED BY THE 1ST RESPONDENT HEREIN BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA . ANNEXURE 2 TRUE COPY OF THE JUDGMENT DATED 04.02.2019 IN COMPANY PETITION NO APPENDIX OF CRL.MC 9936/2023 PETITIONER ANNEXURES ANNEXURE 1 THE CERTIFIED COPY OF THE COMPLAINT DATED 04.11.2015 FILED BY THE 1ST RESPONDENT HEREIN BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA . ANNEXURE 2 TRUE COPY OF THE JUDGMENT DATED 04.02.2019 IN COMPANY PETITION NO APPENDIX OF CRL.MC 9260/2023 PETITIONER ANNEXURES ANNEXURE 1 THE CERTIFIED COPY OF THE COMPLAINT DATED 29.10.2015 FILED BY THE 1ST RESPONDENT HEREIN BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA. ANNEXURE 2 TRUE COPY OF THE JUDGMENT DATED 04.02.2019 IN COMPANY PETITION NO RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE