The court held that the plea regarding the insufficiency of statutory notice served on the accused should be raised before the learned Magistrate at the appropriate stage. Permission to contest the case through counsel, given petitioner's difficulty in appearing abroad, must be sought from the Magistrate.
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
MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933
Crl.MC.No. 1229 of 2011() ------------------------ST.7315/2010 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOZHIKODE ....................
PETITIONER(S): ACCUSED:
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ABDUL KHADER,S/O.MAMMAD KOYA, KANNANCHERI HOUSE, PO KOLATHARA,NEAR CHERUVANNOOR SRAMBIKA,KOZHIKODE.
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENT(S): COMPLAINANT & STATE:
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1. K.T.ALI HAJI,S/O.MOYIN,KUTTIYIL HOUSE, CHELOOPPADAM,CHELEMBRA,MALAPPURAM DISTRICT 676 508.
2. STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.
R2 BY PUBLIC PROSECUTOR SRI. JAYASURYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
CRMC.NO.1229/2011
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEX.A: | COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT AGAINST |
|---|---|
| THE PETITIONER WHICH IS NUMBERED AS ST 7315/2010 ON THE FILE | |
| OF JUDICIAL MAGISTRATE OF FIRST CLASS II (MOBILE), KOZHIKODE |
ANNEX.B: COPY OF THE UNCLAIMED LAWYER NOTICE.
RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss
THOMAS P JOSEPH, J.
Crl.M.C.No.1229 of 2011
Dated this 27th day of June, 2011
ORDER
Petitioner is accused in S.T.No.7315 of 2010 of the Court of learned Judicial First Class Magistrate-II (Mobile), Kozhikode for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, "the Act”). That case arose on a complaint filed by the first respondent. According to the petitioner, the complaint is bad in law since statutory notice was not served on the petitioner. It is contended that notice issued to the petitioner was returned with an endorsement “addressee left India” and, that is not sufficient with compliance with Sec.138(b) of the Act.
Crl.M.C.No.1229 of 2011
-: 2 :-
to the nature of offence and difficulties stated by petitioner and
take appropriate decision in the matter.
This criminal miscellaneous case is disposed of as above.
(THOMAS P JOSEPH, JUDGE)
Sbna/-
2 issues framed by the court
Whether the petitioner should raise the plea regarding improper service of statutory notice before the Magistrate.
Whether the petitioner should be permitted to contest the case through counsel due to working abroad.
1 provisions across 1 enactments
ABDUL KHADER
K.T.ALI HAJI
STATE OF KERALA
THOMAS P.JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
