Kalladikkattil Mohammed Jamal vs State of Kerala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(Ker) 1196

Kalladikkattil Mohammed Jamal – Appellant
Versus
State of Kerala – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Sri. S. Rajeev, Sri. K.K. Dheerendrakrishnan, Sri. V. Vinay, Sri. D. Feroze
For the Respondents: Public Prosecutor Sri. Saigi Jacob Paletty

ORDER :

The petitioner is the sole accused for the offence punishable under Sec.138 of the Negotiable Instruments Act, instituted on the basis of a complaint preferred by the second respondent herein.

2. The gist of the complaint is that the accused had executed and issued a cheque on 3.1.2004 for an amount of Rs.10,00,000/- and that on the basis of the dishonour of the cheque, the complaint has been initiated for the above said offence, after complying with the requisite formalities. The specific defence taken by the accused is that he was not in India on 3.1.2004 and he was abroad during the relevant period and that the petitioner has preferred Crl.M.C.No.1160 of 2016 to quash all further proceedings in the impugned Annexure-I complaint by placing reliance on the passport. According to the petitioner, he had left India on 6.11.2003 and returned only on 19.7.2005. This Court as per Annexure-II order dated 5.12.2016 had disposed of Crl.M.C.No.1160 of 2016 whereby the said plea of the petitioner was not accepted and a direction was issued to the learned Magistrate to expedite the trial of the case as the evidence had already commenced in the case. The petitioner was co-operating with