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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
K.S.JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
G.GIRISH, J.
The orders passed by the Judicial First Class Magistrate-VI, Ernakulam on 12.06.2019 in Crl.M.P.No.28/2016 in C.C.No.1327/2010 and in Crl.M.P.No.29/2016 in C.C.No.1326/2010 are under challenge in these petitions filed under Section 482 Cr.P.C, by the accused in the aforesaid cases.
2. C.C.No.1326/2010 and C.C.No.1327/2010 arose out of a private complaint filed by the second respondent herein alleging commission of offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate took cognizance of the offence in those cases without taking note of the fact that there was a delay of 62 days in the filing of complaints. The petitioner/accused challenged the orders of the learned Magistrate taking cognizance of the offence, by filing Crl.M.C.Nos.2902 and 2903 of 2012 before this Court under Section 482 Cr.P.C. The prayer of the petitioner in the above Crl.MCs to quash the proceedings in these cases, was disallowed by this Court by a common order dated 04.09.2012. The petitioner took up the matter in appeal before the Hon’ble Supreme Court by filing Crl.A.Nos. 247 and 248 of 2016.
3. The Hon’ble Supreme Court, vide judgment dated11.04.2016, set aside t
The court emphasized the necessity for a reasoned order regarding the requirement of enquiry under Section 202 Cr.P.C. after condoning delay in filing complaints under Section 138 of the Negotiable I....
An enquiry under Section 202 of Cr.P.C. is mandatory before the issuance of process in Complaints filed under Section 138 of the Negotiable Instruments Act, 1881, and the Magistrate must comply with ....
(1) Cognizance of offence – Power conferred upon Court to take cognizance of a belated complaint is subject to complainant first satisfying Court that he had sufficient cause for not making complaint....
The court upheld that a Magistrate's satisfaction of a prima facie case suffices for taking cognizance, even if explicit mention of an inquiry under Section 202 Cr.P.C. is absent.
The main legal point established in the judgment is the interpretation and application of the provisions regarding the condonation of delay in proceedings under Section 138 of the Negotiable Instrume....
The court established that the amendment to Section 202(1) of the Cr.P.C. requires an inquiry only when the accused resides outside the jurisdiction, but if sufficient grounds are evident from the re....
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