Allowed

M/S Lakshmi Pharma, U,C Collage P O, Aluva Represented by Proprietor Syam S Kalarickal v. State of Kerala

Kerala HC11 Oct 2022OP(Crl.)/448/2022

Case brief

AI extract

What is this about?

Article 226 petition filed by a complainant to expedite trial and disposal of a cheque dishonour case pending for three years. High Court issued a three-month deadline to the Magistrate Court for disposal.

What did the court decide?

Direction to dispose of S.T.No.468/2019 within three months of receipt of judgment copy.

What the court decided

M/S Lakshmi Pharma, U,C Collage P O, Aluva Represented by… — Cheque Dishonour | Kerala HC (2022)

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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 A. BADHARUDEEN

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TUESDAY, THE 11TH DAY OF OCTOBER 2022 / 19TH ASWINA, 1944

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OP(CRL.) NO. 448 OF 2022

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AGAINST THE ORDER/JUDGMENT IN ST 468/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, (MUNSIFF MAGISTRATE COURT) ADIMALI

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PETITIONER/COMPLAINANT:

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M/S LAKSHMI PHARMA, U,C COLLAGE P O,
ALUVA REPRESENTED BY PROPRIETOR
SYAM S KALARICKAL
AGED 42 YEARS
S/O SREENIVASAN, KALARICKAL HOUSE,
ADIMALI P.O., IDUKKI DISTRICT, PIN - 685561
BY ADV R.RANJITH (MANJERI)

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RESPONDENTS/STATE & ACCUSED:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2DR. MARTIN VARGHEESE
AGE AND FATHER'S NAME NOT KNOWN TO PETITIONER,
PROPRIETOR, BISONVALLEY MEDICAL CENTRE,
BISONVALLEY MEDICAL OFFICER,
P.H.C KURUVILACITY, KULAPRACHAL P.O,
RAJAKUMARI, IDUKKI DISTRICT, PIN - 685619

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SR.PP-SRI.RENJIT GEORGE

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
11.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(CRL.) NO. 448 OF 2022

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JUDGMENT

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Dated this the 11^th day of October, 2022

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This is an original petition filed under Article 227 of the Constitution of India.

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The short prayer that has been canvassed in this petition is to direct the Judicial First Class Magistrate Court, Adimali to expedite trial and disposal of S.T.No.468/2019, pending before that court involving offences punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N.I.Act’). The petitioner is the complainant in the above case.

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Heard the learned counsel for the petitioner on admission.

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Considering the minimum prayer, notice to the other side stands dispensed with.

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OP(CRL.) NO. 448 OF 2022

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It is submitted by the learned counsel for the petitioner that though the matter has been pending, the learned Magistrate is not inclined to dispose of the same and therefore, the petitioner is aggrieved. Accordingly, he pressed for a direction to the learned Magistrate to dispose of the same, within a time frame fixed by this Court.

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In this context, it is relevant to note that it is the statutory mandate under Section 143(3) of the N.I.Act that every trial involving offence under section 138 of the N.I.Act shall be conducted as expeditiously as possible and an endeavour shall be made to conclude the trial within a period of six months from the date of filing of the complaint. Despite having such a statutory mandate, this matter has been pending evidently for the last three years.

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In view of the matter, this petition is liable to be allowed.

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OP(CRL.) NO. 448 OF 2022

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Therefore, there shall be a direction to the Judicial First Class Magistrate Court, Adimali to dispose of S.T.No.468/2019, within a period of three months, from the date of receipt or production of a copy of this judgment.

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This Original Petition (Criminal) stands disposed of. Registry shall forward a copy of this judgment to the court below concerned, within two weeks, for information and compliance

Sd/-

A. BADHARUDEEN

JUDGE

nkr

OP(CRL.) NO. 448 OF 2022

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APPENDIX OF OP(CRL.) 448/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE COMPLAINT FILED UNDER
SECTION 142(A) OF NEGOTIABLE
INSTRUMENTS ACT DATED 26/09/19
Exhibit P2CERTIFIED COPY OF THE ORDER SHEET IN
S.T NO. 468/2019

M/S Lakshmi Pharma, U,C Collage P O, Aluva Represented by Proprietor Syam S Kalarickal v. State of Kerala

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M/S Lakshmi Pharma, U,C Collage P O, Aluva Represented by Proprietor Syam S Kalarickal v. State of Kerala

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