Dismissed

V.C.Joseph v. Reethamma

Kerala HC14 Mar 2018Crl.MC/1712/2018

Case brief

AI extract

What is this about?

The petitioner sought to defer the final hearing of his criminal appeal in matter related to Cheque Dishonour until an FSL report in a separate trial was received. The High Court held that since the evidence in the main appeal case was already recorded, the trial in the other case was irrelevant, and rejected the prayer. The criminal miscellaneous case was dismissed. The relief permitted was for t

What did the court decide?

The prayer to defer the final hearing of the criminal appeal was not granted.

V.C.Joseph Vs Reethamma — Writ and Judicial Review | Kerala HC (2018)

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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 B.SUDHEENDRA KUMAR

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WEDNESDAY, THE 14TH DAY OF MARCH 2018 / 23RD PHALGUNA, 1939

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Crl.MC.No. 1712 of 2018

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CRA 165/2015 of SESSIONS COURT, ALAPPUZHA

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CC 93/2011 of C.J.M., ALAPPUZHA

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PETITIONER(S)/APPELLANT

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V.C.JOSEPH, AGED 50 YEARS, S/O. CHACKO, VADAKKUZHIYIL HOUSE, POONTHOPPU WARD, AVALOOKUNNU P.O, ALAPPUZHA.PIN-688006

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BY ADV.SRI.GOKUL DAS V.V.H.

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RESPONDENT(S)/RESPONDENTS:

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1. REETHAMMA

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AGED 47 YEARS,W/O. ABRAHAM, ANEESH NIVAS, POONTHOPPU WARD, AVALOOKUNNU P.O., ALAPPUZHA.PIN-688006

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2. STATE OF KERALA REPRESENTED BY PUBLC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN-682031

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R2 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1712 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE I:	TRUE COPY OF THE JUDGMENT DATED 28.05.2015 IN C.C. NO.93/2011 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA.
ANNEXURE II:	TRUE COPY OF THE ORDER DATED 22.07.2014 IN C.M.P. NO.1636/2014 IN C.C.NO.93/2011 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA.
ANNEXURE III:	TRUE COPY OF THE MEMORANDUM OF APPEAL IN CRL.A.NO.165/2015 BEFORE THE SESSIONS COURT, ALAPPUZHA
ANNEXURE IV:	TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.322/2012 OF THE ALAPPUZHA NORTH POLICE STATION.
ANNEXURE V:	TRUE COPY OF THE FINAL REPORT IN CRIME NO.322/2012 OF THE ALAPPUZHA NORTH POLICE STATION.
ANNEXURE VI:	TRUE COPY OF THE REPORT DATED 5.05.2016 SUBMITTED BY THE SUB INSPECTOR OF POLICE BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA
ANNEXURE VII:	TRUE COPY OF THE CHARGE DATED 10.05.2016 IN C.C.NO.115/2014 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA.
ANNEXURE VIII:	TRUE COPY OF THE ORDER DATED 20.12.2016 IN CRL.M.C.NO.3288/2016 IN CRL.A.NO.168/2015 BEFORE THE SESSIONS COURT, ALAPPUZHA.
ANNEXURE IX:	TRUE COPY OF THE ORDER DATED 10.05.2017 IN C.M.P.NO.904/2017 IN C.C.NO.115/2014 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA.
ANNEXURE X:	TRUE COPY OF THE RECEIPT DATED 12.06.2017 ISSUED FROM THE SUB TREASURY, ALAPPUZHA.
ANNEXURE XI:	TRUE COPY OF THE C.M.P NO.1819/2017 IN C.C.NO.115/2014 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA.
ANNEXURE XII:	TRUE COPY OF THE PETITION DATED 14.07.2017 FIELD IN C.C.NO.115/2014 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA
ANNEXURE XIII:	TRUE COPY OF THE DOCUMENTS VIZ. PAY IN SLIP DATED 07.02.2011 AND WITHDRAWAL SLIPS DATED 12.02.2011, 14.02.2011 AND 04.05.2011 PRODUCED PURSUANT TO ANNEXURE XII PETITION.

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Crl.MC.No. 1712 of 2018 ()

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:: 2 ::

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ANNEXURE XIV: CERTIFIED COPY OF THE CHEQUE BEARING NUMBER 084607 PRODUCED AS EXHIBIT P1 IN C.C.NO.93/2011 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA. ANNEUXRE XV: TRUE COPY OF THE ORDER DATED 01.01.2018 IN CRL.M.P.NO.6949/2017 IN CRL.A.NO.168/2015 BEFORE THE SESSIONS COURT.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

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

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Crl.M.C. No.1712 of 2018

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Dated this the 14^th day of March, 2018

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O R D E R

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The petitioner is the appellant in Crl.Appeal No.165/2015 on the files of the Sessions Court, Alappuzha. The above appeal was filed against the conviction and sentence passed by the trial court under Section 138 of the Negotiable Instruments Act in C.C.No.93/2011. The prayer of the petitioner in this Crl.M.C. is to defer the final hearing of the Crl.Appeal till the FSL report in C.C.115/2014 on the files of the Court of the Chief Judicial Magistrate, Alappuzha is received.

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It is not disputed that the evidence in C.C.93/2011 was separately taken and the judgment was pronounced. But, the trial in C.C.115/2014 is not yet complete, as there was no joint trial of the above cases. Therefore, the evidence in that case cannot be looked into while disposing of Crl.Appeal filed against the conviction and sentence in C.C.93/2011. In view of the above reason, the prayer of the petitioner to defer the final hearing of Crl.Appeal No.165/2015 till the receipt of FSL

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Crl.M.C. No.1712 of 2018

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-: 2 :-

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report in C.C.115/2014 cannot be granted.

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The learned counsel for the petitioner has submitted that the petitioner filed application for sending the cheque in question in C.C.93/2011 for expert opinion. However, the said application was dismissed by the trial court. If that be so, the petitioner shall be at liberty to argue it as a ground before the appellate court in the above criminal appeal. If any such ground is raised by the petitioner before the appellate court, the appellate court shall consider the said argument in accordance with law at the time of hearing the appeal. In view of the above reason also, there is no need to wait for the receipt of FSL report in C.C.115/2014 for disposing of Crl. Appeal No.165/2015 by the appellate court.

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In the result, this Crl.M.C. stands dismissed.

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Sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY//

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//P.A. TO JUDGE//

V.C.Joseph v. Reethamma

Case brief

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V.C.Joseph v. Reethamma

Case brief

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