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. 288 OF 2022 AGAINST THE ORDER/JUDGMENT IN ST 977/2019 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. ANISH CHANDRAN, THANNIKOTTU HOUSE, AMARAVATHI P.O. KUMILY VILLAGE, PEERMADE TALUK,IDUKKI DISTRICT, KERALA, PIN - 685509 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. 288 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.977/2019 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.977/2019 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 Section
OP(CRL.) NO. 288 OF 2022 3 138 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.977/2019, 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. 288 OF 2022 4 APPENDIX OF OP(CRL.) 288/2022 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.32ACCPJ9166CIZVV DATED 04/01 /2022 Exhibit P3 TRUE CERTIFIED COPY OF THE ORIGINAL COMPLAINT IN ST.977/2019 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT NEDUMKANDAM Exhibit P4 TRUE COPY OF THE CASE STATUS DETAILS IN ST 977/2019 DOWNLOADED FROM THE OFFICIAL WEBSITE OF DISTRICT E COURT SERVICES FOR IDUKKI DISTRICT Exhibit P5 TRUE COPY OF MEDICAL CERTIFICATE DATED 15/11/2013 ISSUED FROM CARITAS CANCER INSTITUTE, THELLAKAM,KOTTAYAM