A.J .Augustine vs. State Of Kerala
Held
The High Court, noting the statutory mandate for expeditious disposal under Section 143(3) of the NI Act and the petitioner's advanced age and health condition, directed the Magistrate to dispose of all three cases within three months.
Facts
An 85-year-old petitioner, suffering from carcinoma, sought the early disposal of three criminal cases filed by him under Section 138 of the Negotiable Instruments Act, 1881, pending since 2018, 2019, and 2020 before the Judicial First Class Magistrate Court.
Key Issues
Whether the High Court should direct the expeditious disposal of cases under Section 138 of the Negotiable Instruments Act, 1881, particularly when the complainant is a senior citizen suffering from a serious illness.
Sections Cited
Section 138, Section 143(3)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944 OP(CRL.) NO. 292 OF 2022 AGAINST THE ORDER/JUDGMENT ST 237/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NEDUMKANDOM PETITIONER/COMPLAINANT: A.J. AUGUSTINE AGED 85 YEARS S/O JOSEPH, ATTIPETTIL HOUSE, NEDUMKANDAM P.O, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, KERALA, PIN - 685553. (PROPRIETOR, KERALA TRADING COMPANY NEDUMKANDAM ), BY ADV GEORGE JOSEPH RESPONDENTS/STATE/ACCUSED: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 MR. MANAF A.KODIVILA KODIVILA HOUSE , KILIMANOOR P.O, THIRUVANATHAPURAM DISTRICT. KERALA, PIN - 695601 SR.PP-SRI.RENJIT GEORGE THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09.11.2022, ALONG WITH OP(Crl.)Nos.293/2022 AND 294/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 292 OF 2022 & conn.cases 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022/18TH KARTHIKA, 1944 OP(CRL.) NO. 293 OF 2022 AGAINST THE ORDER/JUDGMENT IN ST 228/2018 OF JUDICIAL
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.