Judgment
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 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 . BIJU K JOSEPH S/O.JOSEPH, KARIMPILKALAYIL HOUSE, RAJAKKADU P.O, RAJAKKADU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, KERALA, PIN - 685553 BY ADV.SRI.G.SUDHEER, PUBLIC PROSECUTOR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09.11.2022, ALONG WITH OP(Crl.).292/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 292 OF 2022 & conn.cases 3 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.294 OF 2022 AGAINST THE ORDER/JUDGMENTST 31/2020 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. VARGHESE CHACKO KALUKADAVIL HOUSE, CUMBUMMETTU P.O, KARUNAPURAM VILLAGE, IDUKKI DISTRICT KERALA., PIN - 685551 BY ADV.SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09.11.2022, ALONG WITH OP(Crl.).292/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 292 OF 2022 & conn.cases 4 JUDGMENT Dated this the 9th day of November, 2022 In these Original Petitions filed under Article 227 of the Constitution of India, petitioner, who is aged 85 years, seeks early disposal of S.T.Nos.237 of 2019, 228 of 2018 and 31 of 2020, pending before the Judicial First Class Magistrate Court, Nedumkandam, within a time frame fixed by this Court.
2.
Considering the short prayer, notice to the other side stands dispensed with.
3.
It is the statutory mandate under Section 143(3) of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act’ for convenience) that every prosecution alleging commission of offence punishable under Section 138 of the NI Act shall be disposed of, as expeditiously as possible, and an endeavor shall be made to conclude the trial, within six months from the date of filing of the complaint.
OP(CRL.) NO. 292 OF 2022 & conn.cases 5 4.
In this matter, the complaint is of the year 2019, 2018 and 2020 respectively and the petitioner is a senior citizen, suffering from carcinoma. Therefore, the learned Magistrate is directed to try and dispose of S.T.Nos.237 of 2019, 228 of 2018 and 31 of 2020, pending before the Judicial First Class Magistrate Court, Nedumkandam, within a period of three months, from the date of receipt or production of a copy of this judgment.
These Original Petitions (Criminal) stand disposed of as indicated above.
Registry is directed to forward a copy of this judgment to the court below concerned, within seven days, for information and compliance.
Sd/- A. BADHARUDEEN JUDGE nkr
OP(CRL.) NO. 292 OF 2022 & conn.cases 6 APPENDIX OF OP(CRL.) 292/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF LICENSE NO.B3-418/18 DATED 18/06/2018 ISSUED BY THE SECRETARY, NEDUMKANDAM GRAMAPANCHAYATH.
Exhibit P2 THE COPY OF LATEST GST REGISTRATION CERTIFICATE NO.32ACCPJ9166CIZW DATED 04/01/2022.
Exhibit P3 TRUE COPY OF THE ORIGINAL COMPLAINT IN ST.237/2019 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT NEDUMKANDAM.
Exhibit P4 TRUE COPY OF THE READABLE COPY OF ORDER SHEET IN ST.237/2019 DATED 08/06/2022 ISSUED BY THE JFCM COURT NEDUMKANDAM Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 15/11/2013 ISSUED FROM CARITAS CANCER INSTITUTE, THELLAKAM KOTTAYAM
OP(CRL.) NO. 292 OF 2022 & conn.cases 7 APPENDIX OF OP(CRL.) 293/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF LICENSE NO.B3-418/18 DATED 18/06/2018 ISSUED BY THE SECRETARY, NEDUMKANDAM GRAMAPANCHAYATH.
Exhibit P2 THE COPY OF LATEST GST REGISTRATION CERTIFICATE NO. 32ACCPJ9166CIZW DATED 04/01/2022 Exhibit P3 TRUE COPY OF THE ORIGINAL COMPLAINT IN ST.228/2018 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT NEDUMKANDAM Exhibit P4 TRUE COPY OF THE READABLE COPY OF ORDER SHEET IN ST.228/2018 DATED 08/06/2022 ISSUED BY THE JFCM COURT NEDUMKANDAM Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 15/11/2013 ISSUED FROM CARITAS CANCER INSTITUTE, THELLAKAM KOTTAYAM
OP(CRL.) NO. 292 OF 2022 & conn.cases 8 APPENDIX OF OP(CRL.) 294/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF LICENSE NO.B3-418/18 DATED 18/06/2018 ISSUED BY THE SECRETARY, NEDUMKANDAM GRAMAPANCHAYATH Exhibit P2 THE COPY OF LATEST GST REGISTRATION CERTIFICATE NO. 32ACCPJ9166CIZW DATED 04/01/2022 Exhibit P3 TRUE COPY OF THE ORIGINAL COMPLAINT IN ST. 31/2020 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMAKANDAM.
Exhibit P4 READABLE COPY OF ORDER SHEET IN ST 31/2020 DATED 08/06/2022 ISSUED BY THE JFCM COURT NEDUMAKADAM.
Exhibit P5 COPY OF MEDICAL CERTIFICATE DATED 15/11/2013 ISSUED FROM CARITAS CANCER INSTITUTE, THELLAKAM, KOTTAYAM.