The High Court disposed of two criminal miscellaneous petitions petitioners filed seeking expeditious disposal of pending cheque bounce cases, holding that the plea for time-bound disposal was well-founded.
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 V.G.ARUN
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
OP(CRL.) NO. 494 OF 2023
FROM C.C. NO.3047/2018 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (NI ACT) ERNAKULAM.
PETITIONER/COMPLAINANT:
DEEPTHI MOHAN, AGED 39 YEARS, W/O. SALILDAS PALASSERI, CHAITHANYA, LUIZ GARDENS, K.D PLOT P.O., KALAMASSERY SOUTH, ERNAKULAM-683 109.
BY ADV KAVERY S THAMPI
RESPONDENTS/STATE AND ACCUSED 1 TO 5:
1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2 M/S. NEST REALTIES PRIVATE LIMITED, 5TH FLOOR, COMPASS, NHH BYPASS, CHAKKARAPARAMBU, NEAR VYSALI BUS STOP, COCHIN, PIN-682 032 REPRESENTED BY ITS MANAGING DIRECTOR, MR. NAGOOR JEHANGIR RAWTHER
3 MR. NAGOOR JEHANGIR RAWTHER (MANGING DIRECTOR-M/S. NEST REALTIES PRIVATE LIMITED), DOOR NO. XX/125, MACKER MANZIL THYNOTHIL LANE, ALWAYE, ERNAKULAM, PIN-683 101.
4 MR. JAVADKUTTIKARAN HASSAN, (DIRECTOR-M/S. NEST REALTIES PRIVATE LIMITED), DOOR NO. XX/125, MACKER MANZIL, THYNOTHIL LANE, ALWAYE, ERNAKULAM, PIN-683 101 NOW RESIDING AT 1900 YORKSHIRE, DRIVE BLUE BELL 19422, UNITED STATES OF AMERICA.
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OP(CRL.) NOS.494 & 496 OF 2023
6 MR.F.M SHAMIER MARICKAR DIRECTOR - M/S NEST REALTIES PRIVATE LIMITED) FLAT NO. E 10, KENT PARADISE, PALARIVATTOM, COCHIN , PIN: 682032 NOW RESIDING AT FLAT NO-A-6 KENT NALUKETTU, CHAKKARAPARAMBU, VENNALA KARA, EDAPALLY NORTH VILLAGE, ERNAKULAM-682 028.
SRI. RENJITH GEORGE, SENIOR PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14.07.2023, ALONG WITH OP(CRL.)NO.496/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(CRL.) NOS.494 & 496 OF 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
OP(CRL.) NO. 496 OF 2023
FROM C.C. NO.3044/2018 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (NI ACT) ERNAKULAM.
PETITIONER/COMPLAINANT:
DEEPTHI MOHAN, AGED 39 YEARS, W/O. SALILDAS PALASSERI, CHAITHANYA, LUIZ GARDENS, K.D PLOT P.O., KALAMASSERY SOUTH, ERNAKULAM-683 109.
BY ADV. KAVERY S. THAMPI
RESPONDENTS/STATE AND ACCUSED 1 TO 5:
1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2 M/S. NEST REALTIES PRIVATE LIMITED, 5TH FLOOR, COMPASS, NHH BYPASS, CHAKKARAPARAMBU, NEAR VYSALI BUS STOP, COCHIN, PIN – 682032 REPRESENTED BY ITS MANAGING DIRECTOR MR. NAGOOR JEHANGIR RAWTHER
3 MR. NAGOOR JEHANGIR RAWTHER (MANGING DIRECTOR- M/S. NEST REALTIES PRIVATE LIMITED), DOOR NO XX/125, MACKER MANZIL THYNOTHIL LANE, ALWAYE, ERNAKULAM, PIN-683 101.
4 MR. JAVADKUTTIKARAN HASSAN (DIRECTOR - M/S NEST REALTIES PRIVATE LIMITED) DOOR NO XX/125, MACKER MANZIL, THYNOTHIL LANE, ALWAYE, ERNAKULAM, PIN-683 101
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OP(CRL.) NOS.494 & 496 OF 2023
NOW RESIDING AT 1900 YORKSHIRE, DRIVE BLUE BELL 19422, UNITED STATES OF AMERICA
5 MR. ALTHAAF JEHANGIR (DIRECTOR - M/S NEST REALTIES PRIVATE LIMITED) DOOR NO XX/125, MACKERMANZIL THYNOTHIL LANE, ALWAYE, ERNAKULAM, PIN-683 101.
6 MR.F.M. SHAMIER MARICKAR (DIRECTOR - M/S NEST REALTIES PRIVATE LIMITED) FLAT NO. E 10, KENT PARADISE, PALARIVATTOM, COCHIN , PIN-682 032 NOW RESIDING AT FLAT NO-A-6 KENT NALUKETTU, CHAKKARAPARAMBU, VENNALA KARA, EDAPALLY NORTH VILLAGE, ERNAKULAM-682 028.
SRI. RENJITH GEORGE, SENIOR GOVERNMENT PLEADER
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14.07.2023, ALONG WITH OP(CRL.) NO.494/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(CRL.) NOS.494 & 496 OF 2023
JUDGMENT
Dated this the 14th day of July, 2023
These original petitions are filed seeking expeditious disposal of two cases (C.C. Nos.3047 of 2018 and 3044 of 2018) pending on the files of the Judicial First Class Magistrate Court (NI Act cases), Ernakulam.
“With regard to the time required for disposing CC 3047/18, I may humbly submit that as on day, this court has a total pendency of 15854 Calendar cases and around 11000 Criminal Miscellaneous Petitions (Delay condonation applications). Furthermore, I may add that the roll call of this court in the matter of five year
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OP(CRL.) NOS.494 & 496 OF 2023
and five plus year old cases alone is on an average of 100-150 Calendar Cases and the Criminal Miscellaneous Petitions (Delay condonation) is on an average of 80-100 petitions, per day and its time may extend upto 1 P.M. to 1.30 P.M. Besides this, at present, there are five time bound matters (1561/2020, 1562/2020, 9418/2019, 2207/17 and 8925/19) pending before this court, which I am bound to dispose in the succeeding months. However, I may humbly submit before the Hon'ble court that, I shall exert earnest efforts to dispose of CC 3047/18 within a span of Six months from the date of appearance of all accused.”
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OP(CRL.) NOS.494 & 496 OF 2023
In view of the report, the original petitions are disposed of, directing the learned Magistrate to take earnest efforts to ensure appearance of the accused at the earliest and to dispose of the calendar cases within six months of such appearance.
Sd/- V.G. ARUN JUDGE
bpr
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OP(CRL.) NOS.494 & 496 OF 2023
APPENDIX OF OP(CRL.) 494/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER AND PENDING ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT [NI ACT], ERNAKULAMAS C.C NO: 3047/2018. Exhibit P2 TRUE COPY OF THE CASE STATUS REPORT AS DOWNLOADED FROM THE E COURTS WEBPAGE. Exhibit P3 A TRUE COPY OF THE LETTER DATED 8.06.2023 ISSUED BY THE ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, ERNAKULAM.
Exhibit P4 A TRUE COPY OF THE LAWYER NOTICE DATED 19.04.2022 SERVED UPON THE PETITIONER.
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OP(CRL.) NOS.494 & 496 OF 2023
APPENDIX OF OP(CRL.) 496/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER AND PENDING ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT [NI ACT] ERNAKULAMAS C.C NO: 3044/2018. Exhibit P2 TRUE COPY OF THE THE CASE STATUS REPORT AS DOWNLOADED FROM THE E COURTS WEBPAGE. Exhibit P3 A TRUE COPY OF THE LETTER DATED 8.06.2023 ISSUED BY THE ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, ERNAKULAM. Exhibit P4 A TRUE COPY OF THE LAWYER NOTICE DATED 19.04.2022 SERVED UPON THE PETITIONER.
1 issue framed by the court
Whether the High Court should dispose of the original petitions seeking expeditious disposal of pending cheque cases.
DEEPTHI MOHAN
THE STATE OF KERALA
M/S. NEST REALTIES PRIVATE LIMITED
MR. NAGOOR JEHANGIR RAWTHER
MR. JAVADKUTTIKARAN HASSAN
MR. ALTHAAF JEHANGIR
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
