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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 CRL.MC NO. 1721 OF 2020 AGAINST THE ORDER DATED 30.11.2019 IN CRL.RP NO.7/2019 OF III ADDITIONAL SESSIONS COURT, PALAKKAD AND ORDER DATED 05.01.2019 IN C.M.P.NO.447/2016 IN C.C.NO.25/2015 OF CHIEF JUDICIAL MAGISTRATE COURT,PALAKKAD PETITIONER/REVISION PETITIONER/ACCUSED:
UNNIKRISHNAN MASTER AGED 63 YEARS S/O.KUNJU, KAUSTHUBAHM, KATTUKKODE, VADAKKENCHERY P.O., PALAKKAD-678 683.
BY ADVS.
SAJAN VARGHEESE K.
SRI.LIJU. M.P SRI.JOPHY POTHEN KANDANKARY RESPONDENTS/1ST RESPONDENT, COMPLAINANT & STATE:
1 P.S.SASIKUMAR, S/O.SIVAN NAIR, PRIYADARSINI ROAD, PALAKKAD-01.
2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031.
BY SRI.T.R.RENJITH, SR.PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.10.2022, ALONG WITH CRL.MC.NOS.814/2021, 817/2021 AND 1735/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 CRL.MC NO. 817 OF 2021 AGAINST THE ORDER DATED 30.11.2019 IN CRL.RP NO.35/2019 OF III ADDITIONAL SESSIONS COURT, PALAKKAD AND CHARGE DATED 17.01.2019 PASSED IN C.C.NO.25/2015 OF CHIEF JUDICIAL MAGISTRATE COURT,PALAKKAD PETITIONER/REVISION PETITIONER/ACCUSED:
UNNIKRISHNAN MASTER, AGED 63 YEARS, S/O. KUNJU, KAUSTHUBHAM, KATTUKKODE, VADAKKENCHERY P.O, PALAKKAD 678 683 BY ADVS.
SAJAN VARGHEESE K.
SRI.LIJU M.P SRI.JOPHY POTHEN KANDANKARY RESPONDENTS/1ST RESPONDENT,COMPLAINANT & STATE:
1 P.S.SASIKUMAR S/O.SIVAN NAIR, PRIYADARSINI ROAD,PALAKKAD-01.
2 STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.
BY ADV SHRI.U.BALAGANGADHARAN SRI.T.R.RENJITH, SR.PP.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.10.2022, ALONG WITH CRL.MC.NOS.814/2021,1735/2020 AND 1721/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 CRL.MC NO. 1735 OF 2020 AGAINST THE ORDER DATED 30.11.2019 IN CRL.RP NO.8/2019 OF III ADDITIONAL SESSIONS COURT, PALAKKAD AND ORDER DATED 05.01.2019 IN C.M.P.NO.475A/16 IN C.C.NO.58/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD PETITIONER/REVISION PETITIONER/ACCUSED:
UNNIKRISHNAN MASTER AGED 63 YEARS S/O KUNJU, KAUSTHUBHAM, KATTUKKODE, VADAKKENCHERY P.O.PALAKKAD-678 683.
BY ADVS.
SAJAN VARGHEESE K.
SRI.LIJU. M.P SRI.JOPHY POTHEN KANDANKARY RESPONDENTS/1ST RESPONDENT,COMPLAINANT & STATE:
1 P.S.SASIKUMAR AGED 51 YEARS,S/O SIVAN NAIR, PRIYADARSINI ROAD, PALAKKAD-01.
2 STATE OF KERALA, REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA,682 031.
BY SRI.T.R.RENJITH, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.10.2022, ALONG WITH CRL.MC.NOS.814/2021, 817/2021 AND 1721/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 CRL.MC NO. 814 OF 2021 AGAINST THE ORDER DATED 30.11.2019 IN CRL.RP NO.36/2019 OF III ADDITIONAL SESSIONS COURT,PALAKKAD AND CHARGE DATED 17.01.2019 IN C.C.NO.58/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD PETITIONER/REVISION PETITIONER/ACCUSED:
UNNIKRISHNAN MASTER AGED 63 YEARS S/O.KUNJU, KAUSTHUBHAM, KATTUKODE, VADAKKENCHERRY P.O., PALAKKAD-678683.
BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P JOPHY POTHEN KANDANKARY RESPONDENTS/1ST RESPONDENT, COMPLAINANT & STATE:
1 P.S.SASIKUMAR, S/O.SIVAN NAIR, AGED 51, PRIYADARSINI ROAD, PALAKKAD-01.
2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA -682 031.
BY ADV SHRI.U.BALAGANGADHARAN SRI.T.R.RENJITH,SR.PP THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.10.2022, ALONG WITH Crl.MC.NOS.817/2021, 1721/2020 AND 1735/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
‘CR’
A. BADHARUDEEN, J.
===========================
CRL.MC.Nos.1721/2020 & 817/2021;
CRL.MC.Nos.1735/2020 & 814/2021 ============================
Dated this the 6th day of October, 2022
C O M M O N O R D E R
These revision petitions have been filed under Sections
357 and 401 of Criminal Procedure Code (for Short “Cr.PC’
hereinafter).
In Crl.M.C.No.817/2021, the accused in C.C.No.25/2015 on the file of the Chief Judicial Magistrate Court, Palakkad seeks the following prayer:
to set aside/quash Ann-F Order dated 30.11.2019 passed in Crl.R.P.No.35/2019 on the file of III Addl.Sessions Court, Palakkad and Ann-D charge dated 17.01.2019 framed in C.C.No.25/2015 on the file of Chief Judicial Magistrate Court, Palakkad.”
In Crl.M.C.No.1721/2020, the same accused in the above case seeks the following prayer:
to set aside/quash Ann-E Order dated 30.11.2019 passed in Crl.R.P.No.7/2019 on the file of III Addl.Sessions Court, Palakkad and Ann-C Order dated 05.01.2019 passed in C.M.P.No.447/16 in C.C.No.25/2015 on the file of Chief Judicial Magistrate Court, Palakkad.
In Crl.M.C.No.814/2021, the accused in C.C.No.25/2015 who is the same accused in CC No.58/2015 on the file Chief Judicial Magistrate Court, Palakkad seeks the following prayer:
to set aside/quash Ann-F Order dated 30.11.2019 passed in Crl.R.P.No.36/2019 on the file of III Addl.Sessions Court, Palakkad and Ann-D charge dated 17.01.2019 framed in C.C.No.58/2015 on the file of Chief Judicial Magistrate Court, Palakkad.”
In Crl.M.C.No.1735/2020, the same accused in CC No.58/2015 seeks the following prayer:
to set aside/quash Ann-E Order dated 30.11.2019 passed in Crl.R.P.No.8/2019 on the file of III Addl.Sessions Court, Palakkad and Ann-C Order dated 05.01.2019 passed in C.M.P.No.475A/16 in C.C.No.58/2015 on the file of Chief Judicial Magistrate Court, Palakkad.
2. Heard the learned Counsel for the petitioner and the learned counsel for the 1st respondent and the learned Public Prosecutor in detail.
3. The petitioner is the sole accused in C.C.25/2015, arose out of dishonour of cheque alleged to be issued by the petitioner for Rs.3,50,000/- to the 1st respondent; where the prosecution alleges commission of offences punishable under Section 138 of the Negotiable Instruments Act (for short ‘N.I.Act’ hereinafter) and also offence punishable under Section 420 of the Indian Penal Code (for short ‘IPC’ hereinafter). Similarly, C.C.No.58/2015 is the outcome of prosecution launched by the same complainant on dishonour of three cheques for Rs.5,00,000/-, Rs.8,50,000/- and Rs.4,50,000/- alleging commission of the same offences and the petitioner is the accused in the above case.
4. The grievance that has been advanced by the learned counsel for the petitioner is that the trial Court not took cognizance of the offence punishable under Section 138 of the N.I.Act, while taking cognizance alleging commission of offence under Section 420 of IPC where the 1st respondent/complainant launched prosecution alleging commission of the above offences. It was thereafter, the Court proceeded under Section 244 Cr.PC. After recording evidence under Section 244 of Cr.PC, the trial Court framed charge alleging commission of offences under Section 420 of IPC as well as under Section 138 of the NI Act. According to the learned counsel for the petitioner, in as much as the offence under Section 138 of the N.I.Act is concerned, the trial Court went wrong in framing charge under Section 138 of the N.I.Act, without taking cognizance at the initial stage. Further, he submitted that the trial Court has no territorial jurisdiction in so far as the offence under Section 138 of the N.I. Act though the trial Court has jurisdiction to try the offence under Section 420 of IPC. It is submitted further that, there are no ingredients in the complaint to attract commission of offence under Section 420 of IPC.. In fact, these contentions were raised before the learned Sessions Judge by filing revision petitions led to the impugned order, and he had addressed these contentions as discussed in para Nos.12 and 13 of the common order under challenge. The same are extracted hereunder:
“12. In this case, as rightly contended by
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