Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 Crl.MC.No.4281 OF 2017(E) AGAINST THE ORDER/JUDGMENT IN CC 1308/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI CRIME NO.372/2017 OF Manjeswar Police Station , Kasargod PETITIONERS/ACCUSED 1 &2:
1 U.K.YOOSUF 40 YEARS OF AGE, S/O.ABDUL RAHIMAN, MANAGING DIRECTOR-UK TRADERS, HOSANGADI, MANJESHWAR P.O., KASARGOD DISTRICT. 2 ABDULKHADER 34 YEARS OF AGE, S/O.ABDULLA, AASARAIMOOLA VEEDU, HOSANGADI, MANJESHWAR P.O., KASARGOD DISTRICT. BY ADVS. SRI.SHIRAZ ABDULLA SRI.K.ABDUL NASSAR RESPONDENT/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 2 MOHAMMED BASHEER 37 YEARS OF AGE, S/O.ABOOBACKER, KOZHIKKATTIL VEEDU, KAIPPURAM POST, NADUVATTOM VAZHI, PATTAMBI.
R1 BY ADV. SRI. E.C.BINEESH, PUBLIC PROSECUTOR R2 BY ADV. SRI.S.K.ADHITHYAN R2 BY ADV. SRI.P.MOHANDAS ERNAKULAM R2 BY ADV. SRI.MUHAMMED IBRAHIM ABDUL SAMAD R2 BY ADV. DR.K.P.SATHEESAN SR. R2 BY ADV. SRI.K.SUDHINKUMAR R2 BY ADV. SRI.S.VIBHEESHANAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29.01.2021, ALONG WITH Crl.MC.4284/2017(E), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 AGAINST THE ORDER/JUDGMENT IN CC 1310/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI CRIME NO.372/2017 OF Manjeswar Police Station , Kasargod PETITIONERS/ACCUSED 1 & 2: 1 YOOSUF 40 YEARS OF AGE, S/O.ABDUL REHIMAN, MANAGING DIRECTOR- U K TRADERS, HOSANGADI, MANJESHWAR P.O., KASARGOD DISTRICT. 2 ABDULKHADER 34 YEARS OF AGE, S/O.ABDULLA, AASARAIMOOLA VEEDU, HOSANGADI, MANJESHWAR P.O., KASARGOD DISTRICT. BY ADVS. SRI.SHIRAZ ABDULLA SRI.K.ABDUL NASSAR RESPONDENT/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 2 MOHAMMED BASHEER 37 YEARS OF AGE, S/O.ABOOBACKER, KOZHIKKATTIL VEEDU, KAIPPURAM POST, NADUVATTOM VAZHI, PATTAMBI. R1 BY ADV. SRI.RAMESH CHAND, PUBLIC PROSECUTOR R2 BY ADV. SRI.S.K.ADHITHYAN R2 BY ADV. SRI.P.MOHANDAS ERNAKULAM R2 BY ADV. SRI.MUHAMMED IBRAHIM ABDUL SAMAD R2 BY ADV. DR.K.P.SATHEESAN SR. R2 BY ADV. SRI.K.SUDHINKUMAR R2 BY ADV. SRI.S.VIBHEESHANAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29.01.2021, ALONG WITH Crl.MC.4281/2017(E), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The allegation is that two cheques belonged to accused No.2 were misused by accused No.1 with active connivance, signed on it as that of him and issued to the defacto complainant. Prima facie, it appears that if it is proved, it would constitute the offence of cheating punishable under Section 420 IPC. Nothing was brought to the notice of this Court so as to exercise the jurisdiction under Section 482 Cr.P.C. The Crl.M.C. is hence dismissed. Sd/- P.SOMARAJAN JUDGE SPV APPENDIX OF Crl.MC 4281/2017 PETITIONERS' EXHIBITS: ANNEXURE A- COPY OF THE INCOME TAX RETURN ACKNOWLEDGEMENT FOR THE ASSESSMENT YEAR 2014-15 OF THE 1ST PETITIONER. ANNEXURE B- COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD FROM 01/01/2015 TO PETITIONER IN CANARA BANK, MANJESWARAM. ANNEXURE C- COPY OF THE COMPLAINT IN CC.NO.1308/2015 BEFORE THE JFCM COURT, PATTAMBI. ANNEXURE D- COPY OF FIR IN CRIME NO.372/17 MANJESWARAM POLICE STATION. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE APPENDIX OF Crl.MC 4284/2017 PETITIONERS' EXHIBITS: ANNEXURE A- COPY OF THE INCOME TAX RETURN ACKNOWLEDGEMENT FOR THE ASSESSMENT YEAR 2014-15 OF THE 1ST PETITIONER. ANNEXURE B- COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD FROM 01/01/2015 TO 11/05/2017 MAINTAINED BY THE 1ST PETITIONER IN CANARA BANK, MANJESWARAM. ANNEXURE C- COPY OF COMPLAINT IN CC.NO.1310/15 BEFORE THE JFCM COURT, PATTAMBI AND CMP.5187/14 ANNEXURE D- COPY OF FIR IN CRIME NO.372/17 MANJESWARAM POLICE STATION. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE