Disposed

Sri.K.v.Viswanathan v. Sri.Berny Francis

Kerala HC13 Jan 2017OP(Crl.)/7/2017

Case brief

AI extract

What is this about?

Writ petition under Article 227 seeking disposal of cheque dishonour case within a fixed time. Court found that the underlying case was instituted by the petitioner, no summons issued due to non-taking of steps, and accused absent. No mandatory direction issued; reasonable steps urged.

What did the court decide?

No mandatory direction issued; directed lower court to take reasonable steps for disposal within three months if accused appears.

Sri.K.v.Viswanathan Vs Sri.Berny Francis — Cheque Dishonour | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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FRIDAY, THE 13TH DAY OF JANUARY 2017/23RD POUSHA, 1938

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OP(Crl.).No. 7 of 2017 (Q)

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ST 3362/2016 OF JUDICIAL FIRST CLASS MAGISTRATE (SPL. COURT) (NI ACT CASES)COURT KOCHI

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-------------

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PETITIONER:

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SRI.K.V.VISWANATHAN, AGED 49 YEARS, S/O SRI.KUNJIRAMAN VAIDYAR, PLANTHOTTATHIL HOUSE, PUTHENCRUZE P.O. ERNAKLAM DISTRICT- 682 308.

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BY ADVS.SMT.K.N.RAJANI SMT.ANILA PETER SRI.S.SUDHEESH

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RESPONDENT(S):

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1. SRI.BERNY FRANCIS, S/O SRI FRANCIS, KARIPPATT HOUSE, CC41/2892, KATTIKARAN ROAD, OFF CHITTOOR ROAD, KACHIERIPADY, ERNAKULAM VILLAGE, KOCHI- 682 019.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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R2 BY GOVERNMENT PLEADER SRI SAIGI JACOB PALATTY

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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OP(Crl.).No. 7 of 2017 (Q) ---------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS

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----------------------EXHIBTP1 TRUE COPY OF COMPLAINT -S.T. NO.3362/2016 ON THE FILES OF THE HON'BLE SPECIAL COURT OF JUDICIAL FIRST CLASS MAGISTRATE (NI ACT CASES) COURT, KOCHI

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RESPONDENT(S)' EXHIBITS NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

ALEXANDER THOMAS, J.

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O.P.(Crl.) No.7 of 2017

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Dated this the 13^th day of January, 2017

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JUDGMENT

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The prayers raised in this Original Petition (Crl.) seeking

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invocation of the extraordinary powers conferred under Article 227 of the Constitution of India are as follows :

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“(i) issue a writ, order or direction in the nature of mandamus or other such appropriate writ, order or direction to the Special Court of Judicial Firt Class Magistrate (N.I Act Cases) Court, Kochi to dispose of S.T.3362/16 pending before it as expeditiously as possible and at any rate within a time fixed by this Honourable Court.

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(ii) Grant such other reliefs which are just and equitable and the facts of the case may require

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(iii) direct the first respondent to pay costs of the above proceedings.”

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This Court as per the order dated 5.1.2017, had directed

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the Registry to get a report from the Judicial First Class Magistrate

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(N.I. Act Cases) Court, Kochi, regarding the total number of cases

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pending in that court and as to the rough time frame required for

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O.P.(Crl.) No.7/17

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: :2::

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the disposal of S.T.3362/2016. The learned Magistrate is now made available a report dated 11.1.2017 through the Registry.

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A reading of the said report dated 11.1.2017 discloses that no case numbered as S.T.3362/2016 is pending before that Court. That C.C.No.3362/2016 is a case instituted on a complaint filed by the petitioner in this O.P. alleging commission of the offence punishable under Section 138 of the Negotiable Instruments Act. Further that C.C.No.3362/2016 was transferred from JFMC, Chottanikkara, in view of the latest amendment in the Negotiable Instruments Act and the case was received in the above Court at Kochi on 12.5.2016 and summons was ordered to be issued to the accused and since the complainant did not take steps, summons was not issued. The case was posted to 11.9.2016 and since there was no sitting on that day, the case was adjourned to 11.1.2017 by notification and now the case stands posted to 23.1.2017 and the accused had not appeared before that Court.

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O.P.(Crl.) No.7/17

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: :3::

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It is further pointed out that the total number of cases pending before the Judicial First Class Magistrate (N.I. Act Cases) Court,

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Kochi, is 10305 and the present judicial officer is holding additional charge of that court and he conducts sitting in that court only for two days a week. It is further pointed out that the case can be disposed of within a period of three months from the date on which presence of the accused is secured. On a perusal of the aforesaid report, this Court is not inclined to issue any mandatory direction to the court below in view of the above facts and circumstances. However, it is ordered that all reasonable steps may

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be taken by the court below to ensure that the case may be disposed of within the time limit as suggested in the above said report, provided all parties and witnesses co-operate in that regard.

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With these observations and directions, the Crl.Miscellaneous Case stands finally disposed of.

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ALEXANDER THOMAS JUDGE

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csl

Sri.K.v.Viswanathan v. Sri.Berny Francis

Case brief

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Sri.K.v.Viswanathan v. Sri.Berny Francis

Case brief

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