Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 27TH DAY OF OCTOBER 2022 / 5TH KARTHIKA, 1944 OP(CRL.) NO. 290 OF 2022 AGAINST THE ORDER/JUDGMENT IN ST 164/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NEDUMKANDOM PETITIONER/COMPLAINANT:
A.J AUGUSTINE 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. , THIRUVANATHPURAM DISTRICT, KERALA., PIN - 695601 SR.PP-SRI.RENJIT GEORGE THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 290 OF 2022 2 JUDGMENT Dated this the 27th day of October, 2022 This is an original petition (criminal) filed under Article 227 of the Constitution of India, by the petitioner, who is the complainant in S.T.No.164/2019 on the file of the Judicial First Class Magistrate Court, Nedumkandom.
2.
The respondents herein are the State of Kerala as well as the accused in the above case.
3.
The short prayer that has been pressed into in this petition is to direct the Judicial First Class Magistrate Court, Nedumkandom to expedite disposal of S.T.No.164/2019 pending before that court, within a time frame fixed by this Court.
4.
Since it is mandatory as per Section 143(3) of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I.Act') to dispose of complaint cases alleging commission of offence punishable under
OP(CRL.) NO. 290 OF 2022 3 Section 138 of the NI Act, within six months, notice to the second respondent stands dispensed with.
In the result, this original petition stands allowed and the learned Judicial First Class Magistrate Court, Nedumkandom is directed to expedite the trial and disposal of S.T.No.164/2019, within a period of three months, from the date of receipt or production of a copy of this judgment.
Registry is directed to forward copy of this judgment to the court below concerned, within two weeks, for information and compliance.
Sd/- A. BADHARUDEEN JUDGE nkr
OP(CRL.) NO. 290 OF 2022 4 APPENDIX OF OP(CRL.) 290/2022 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 164 / 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. 164/2019 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 .