U.Manoj vs Saji Kumar

Type Court Judgment Court Kerala Decided Mar 22, 2022

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https://sooperkanoon.com/case/1445045

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Citation: sooperkanoon.com/1445045
Court: Kerala High Court
Judge: Honourable Mrs. Justice Mary Joseph
Decided On: Mar 22, 2022
Case Number: OP(Crl.)/33/2022

Parties & Advocates

Appellant / Petitioner

U.Manoj

Respondent

Saji Kumar

Excerpt

.....(for short ‘n.i. act’) pending on the files of judicial first class magistrate court, pathanapuram (for short ‘the court below’).2. pursuant to the filing of the petition on hand, this court has called for a report from the court concerned. the presiding officer of the court concerned has reported that during the pandemic scenario, since 16.03.2021, the case has been adjourned only by notifications. it is further reported that since the case being of the year 2017, it was not even included in the restricted cause list.3. according to sri.sasidharan unnithan, the learned counsel, the case has been pending since 2017 and therefore that direction for time bound disposal was sought. the pandemicsituation has been improved considerably now. therefore, s.t.no.684(a)/2017 being a prosecution under section 138 the n.i. act can be directed to be disposed of time bound, giving priority to it. in the result, o.p(crl.) stands allowed. judicial first class magistrate court, pathanapuram is directed to expedite the trial in s.t.no.684(a)/2017, and dispose of the case within five months from this day. sd/- mary joseph judge nab appendix of op(crl.) 33/2022 petitioner’s exhibits: exhibit p1 true copy of the complaint filed by the petitioner. exhibit p2 true copy of the order sheet in the st 684 (a)/2017 of the judicial first class magistrate court, pathanapuram. respondent’s exhibits: nil //true copy// p a to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944 OP(CRL.) NO. 33 OF 2022 IN S.T.NO.684(A)/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PATHANAPURAM PETITIONER/COMPLAINANT: U.MANOJ, AGED 48 YEARS S/O.UNNIKRISHNAN, RESIDING AT CHEMPAKASSERY PUTHEN VEEDU, KARYARA,VILAKKUDY, PUNALUR, KOLLAM DISTRICT - 691 322. BY ADV.SRI.N.SASIDHARAN UNNITHAN RESPONDENTS/ACCUSED & STATE: 1 SAJI KUMAR, AGED ABOUT 47 YEARS, S/O.VELUAACHARY, RESIDING AT KALLUVILA VEEDU, AMBIPOIKA P.O., ELAMPALLOOR, KOLLAM DISTRICT - 691 501. 2 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. R2 BY SMT SEENA.C., PUBLIC PROSECUTOR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 22nd day of March, 2022 This Original Petition is filed under Article 227 of the Constitution of India seeking for expeditious disposal of S.T.No.3664/2015 refiled as S.T.No.684(A)/2017 a prosecution under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘N.I. Act’) pending on the files of Judicial First Class Magistrate Court, Pathanapuram (for short ‘the court below’).

2. Pursuant to the filing of the petition on hand, this Court has called for a report from the court concerned. The Presiding Officer of the court concerned has reported that during the pandemic scenario, since 16.03.2021, the case has been adjourned only by notifications. It is further reported that since the case being of the year 2017, it was not even included in the restricted cause list.

3. According to Sri.Sasidharan Unnithan, the learned counsel, the case has been pending since 2017 and therefore that direction for time bound disposal was sought. The pandemic

situation has been improved considerably now. Therefore, S.T.No.684(A)/2017 being a prosecution under Section 138 the N.I. Act can be directed to be disposed of time bound, giving priority to it. In the result, O.P(Crl.) stands allowed. Judicial First Class Magistrate Court, Pathanapuram is directed to expedite the trial in S.T.No.684(A)/2017, and dispose of the case within five months from this day. Sd/- MARY JOSEPH JUDGE NAB APPENDIX OF OP(CRL.) 33/2022 PETITIONER’S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE ORDER SHEET IN THE ST 684 (A)/2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATHANAPURAM. RESPONDENT’S EXHIBITS: NIL //TRUE COPY// P A TO JUDGE

Same Court & Year Kerala · 2022 Same Parties U.Manoj vs Saji Kumar Same Judge Honourable Mrs. Justice Mary Joseph