This criminal revision petition challenged the dismissal of an application to close evidence due to trial delay under Common Cause, over which the legal provision had been clarified to exclude Section 138 cases.
Revision petition dismissed; stay of pending Criminal Miscellaneous Petitions lifted/confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931
CRL.REV.PET.NO. 757 OF 2000()
----------------------------AGAINST THE ORDER DATED 08/08/2000 IN CRMP 2143 /2000 IN CC.767/1998 OF JUDL. MAGISTRATE OF FIRST CLASS, KOTTAYAM
REVN. PETITIONER(S) - ACCUSED:
---------------------------------------------
A.K.N. PANICKER, PROPRIETOR, AGRAHAM AGENCIES, M.L. ROAD, KOTTAYAM.
BY ADV. SRI.M.J.THOMAS
RESPONDENT(S) - STATE & COMPLAINANT:
--------------------------------------------------------
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. JACOB MATHEW @ JACOB MATHEN, KINATTUMMOOTTIL HOUSE, PUTHANANGADY, KOTTYAM.
BY PUBLIC PROSECUTOR SHRI RAVINDRA BABU R1 SRI.MATHEW JOHN (K) FOR R2
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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CRL. R.P. NO. 757 of 2000
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Heard both sides.
CRL. R.P. No.757 of 2000
-: 2 :-
relating to the offence punishable under Section 138 of the Negotiable Instruments Act. Learned Magistrate observed that the delay in recording the evidence was due to the transfer of the case to different courts.
Revision petition therefore fails. It is dismissed.
Criminal Miscellaneous Petition Nos.4090 of 2000 and 4235 of 2001 shall stand dismissed.
THOMAS P.JOSEPH, JUDGE.
vsv
THOMAS P.JOSEPH, J. =================== CRL. R.P. NO.757 OF 2000 ===================
O R D E R
21ST MAY, 2009
2 issues framed by the court
Whether the delay in recording evidence warrants closing the trial under Common Cause despite its being overruled for Section 138 cases.
Whether the revision petition regarding the rejection of an application to close evidence should be allowed.
Colour shows how this judgement treated each authority
Common Cause v. Union of IndiaReferred
Common Cause v. Union of India (1996) 4 SCC 33 · Who else cites this
Common Cause v. Union of IndiaReferred
Common Cause v. Union of India (1996) 6 SCC 775 · Who else cites this
Common Cause v. Union of IndiaReferred¶23
Common Cause's case
Ramachanda Rao v. State of KarnatakaDistinguished¶27
Ramachanda Rao v. State of Karnataka (2002 (2) KLT 189)
1 provisions across 1 enactments
A.K.N. Panicker
State of Kerala
Jacob Mathew @ Jacob Mathen
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
