Petitioner sought condonation of 24-day delay in presenting a cheque dishonour complaint due to statute amendment. Court held delay can be condoned under Section 142 NI Act, set aside Magistrate dismissal, and allowed CMP to proceed.
CMP No.14208/2014 allowed; delay condoned; petitioner to present complaint within 10 days.
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 B.KEMAL PASHA
WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937
Crl.MC.No. 1707 of 2015 ()
(CMP.NO. 14208/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, IRINJALAKUDA DATED 20-02-2015)
PETITIONER/COMPLAINANT:
MATHEW JOHN, AGED 55 YEARS, S/O.C.J.MATHEW, CHALLACKAL VALIYAKALAYIL, POOVANPARA, KOTTAYAM, KOZHANCHERY TALUK, PATHANAMTHITTA DISTRICT, REP. BY HIS POWER OF ATTORNEY HOLDER KUNJAMMA THOMAS, AGED 49, W/O.VALIYAKALAYIL MATHEW, POOVANPARA, KOTTAYAM, KOZHANCHERY TALUK, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S)/THE STATE OF KERALA AND ACCUSED:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682 031.
2. SALEEM HASSAINAR, VANNERIVALAPIL HOUSE, HOUSE NO.418, WARD NO.12, THRIKOOR PANCHAYATH, MAVINCHUVADU, KALLUR, THRISSUR DISTRICT. PIN-680 001.
R1 BY PUBLIC PROSECUTOR SMT. P.MAYA R2 BY ADV. SRI.C.A.CHACKO
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 1707 of 2015 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEX I- A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN THE NAME OF POWER HOLDER DATED 12.11.2013. ANNEX IIA TRUE COPY OF THE COMPLAINT IN S.T.NO.3639 OF 2013 DATED 11.11.2013. ANNEX IIIA TRUE COPY OF THE ORDER PASSED IN C M P NO.14208 OF 2014 DATED 20.2.2015 BY THE LEARNED MAGISTRATE IRINJALAKUDA.
RESPONDENT(S)' ANNEXURES:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
B. KEMAL PASHA, J.
Crl.M.C. No.1707 of 2015
Dated this the 2nd day of September, 2015
O R D E R
~ ~ ~ ~ ~ ~
A complaint was initially filed under Section 142
of the NI Act alleging an offence under Section 138 of the NI Act. Subsequently, based on the amendment as well as the decision of the Apex Court, the matter was returned for presentation before the proper court. A delay of 24 days has been caused in representing the matter before the concerned court. For condoning the said delay, CMP No.14208/2014 was filed when the complaint was represented before the Judicial First Class Magistrate's Court, Irinjalakuda. Through Annexure-III order, the learned Magistrate has chosen to dismiss the said CMP and to return the complaint.
Crl.M.C.1707/2015
: 2 :
Prosecutor for the 1st respondent.
Crl.M.C.1707/2015
: 3 :
complaint.
In the result, this Crl.M.C. is allowed and Annexure-III order is set aside. CMP No.14208/2014 of the court below stands allowed. The delay stands condoned. The petitioner shall present the complaint before the Judicial First Class Magistrate's Court, Irinjalakuda within 10 days from today.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/02/09
// True Copy //
PA to Judge
2 issues framed by the court
Whether a delay of 24 days in representing a complaint under the Negotiable Instruments Act before the proper court after amendment can be condoned.
Whether the benefit of condonation of delay for filing a complaint can be extended to the delay caused in presenting the complaint after its return due to statutory amendment.
2 provisions across 1 enactments
MATHEW JOHN
THE STATE OF KERALA
SALEEM HASSAINAR
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
