High Court Kerala High Court

Sivadasan vs Abdul Latheef on 7 October, 2009

Kerala High Court
Sivadasan vs Abdul Latheef on 7 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2955 of 2009()


1. SIVADASAN, S/O.NARAYANAN,
                      ...  Petitioner

                        Vs



1. ABDUL LATHEEF, KUDAYATHAMARAM VEEDU,
                       ...       Respondent

2. SAMEENA, D/O.ABDUL LATHEEF,

3. STATE OF KERALA REPRESENTED BY THE

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :07/10/2009

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.2955 of 2009
            --------------------------

                       ORDER

Petitioner filed C.M.P.No.10428/2007 before

Munsiff Magistrate Court, Paravur alleging that

respondents 1 and 2 committed an offence under

Section 415 read with Section 34 of Indian Penal

Code contending that refer report filed was without

proper investigation. Under Annexure-I order,

learned Magistrate dismissed the petition under

Section 203 of Code of Criminal Procedure.

Petitioner challenged that order before Sessions

Court, Kollam. Revision was filed with a petition

to condone the delay of 225 days. Under Annexure-II

order, learned Sessions Judge dismissed the

petition to condone the delay. This petition is

filed under Section 482 of Code of Criminal

Procedure to quash Annexure-II order contending

that when medical certificate was produced, learned

Sessions Judge should have condoned the delay.

CRMC 2955/09 2

2. Learned counsel appearing for the petitioner

was heard.

3. Argument of the learned counsel is that

there was no justification for the Sessions Judge

to disbelieve the medical certificate and when the

medical certificate shows that petitioner was under

the treatment for rheumatic complaints and he was

advised to take rest, the delay should have been

condoned.

4. On hearing the learned counsel, I find no

reason to interfere with Annexure-II order.

Annexure-I order, dismissing the complaint under

Section 203 of Code of Criminal Procedure, reveals

that even if delay is condoned and the revision is

entertained, there is no chance for interfering

with Annexure-II order. In the absence of an

allegation that at the very inception, there was a

dishonest intention on the part of the accused to

cheat, an offence under Section 415 is not

attracted. At best, the case is only that when the

CRMC 2955/09 3

amount earlier borrowed was demanded by the

petitioner, a cheque was issued by respondents 1

and 2 with the dishonest intention to cheat. But,

when there is no case that petitioner was allegedly

induced to part with money, there was dishonest

intention to cheat, an offence is not attracted.

In such circumstances, I find no reason to

interfere with the order dismissing the petition to

condone the delay in filing the revision as even if

revision is received on condoning the delay, it can

only be dismissed. Hence, petition is dismissed.

7th October, 2009 (M.Sasidharan Nambiar, Judge)
tkv