Disposed

Deepthi Mohan v. the State of Kerala

Kerala HC14 Jul 2023OP(Crl.)/496/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of criminal petitions seeking expeditious disposal of pending cheque-bounce cases. Relying on the Magistrate's report regarding high pendency, the Court directed the authority to ensure accused appearance and dispose cases within six months of appearance.

What did the court decide?

Directing the learned Magistrate to ensure appearance of the accused at the earliest and to dispose of the calendar cases within six months of such appearance.

Deepthi Mohan Vs the State of Kerala — Cheque Dishonour | Kerala HC (2023)

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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 V.G.ARUN

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FRIDAY, THE 14^TH DAY OF JULY 2023 / 23RD ASHADHA, 1945

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OP(CRL.) NO. 494 OF 2023

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FROM C.C. NO.3047/2018 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (NI ACT) ERNAKULAM.

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PETITIONER/COMPLAINANT:

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DEEPTHI MOHAN, AGED 39 YEARS, W/O. SALILDAS PALASSERI, CHAITHANYA, LUIZ GARDENS, K.D PLOT P.O., KALAMASSERY SOUTH, ERNAKULAM-683 109.

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BY ADV KAVERY S THAMPI

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RESPONDENTS/STATE AND ACCUSED 1 TO 5:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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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

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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.

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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

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5 MR. ALTHAAF JEHANGIR (DIRECTOR - M/S NEST REALTIES PRIVATE LIMITED) DOOR NO XX/125, MACKERMANZIL THYNOTHIL LANE, ALWAYE, ERNAKULAM, PIN-683 101.

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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.

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SRI. RENJITH GEORGE, SENIOR PUBLIC PROSECUTOR

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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

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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 V.G.ARUN

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FRIDAY, THE 14^TH DAY OF JULY 2023 / 23RD ASHADHA, 1945

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OP(CRL.) NO. 496 OF 2023

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FROM C.C. NO.3044/2018 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (NI ACT) ERNAKULAM.

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PETITIONER/COMPLAINANT:

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DEEPTHI MOHAN, AGED 39 YEARS, W/O. SALILDAS PALASSERI, CHAITHANYA, LUIZ GARDENS, K.D PLOT P.O., KALAMASSERY SOUTH, ERNAKULAM-683 109.

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BY ADV. KAVERY S. THAMPI

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RESPONDENTS/STATE AND ACCUSED 1 TO 5:

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1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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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

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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.

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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

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NOW RESIDING AT 1900 YORKSHIRE, DRIVE BLUE BELL 19422, UNITED STATES OF AMERICA

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5 MR. ALTHAAF JEHANGIR (DIRECTOR - M/S NEST REALTIES PRIVATE LIMITED) DOOR NO XX/125, MACKERMANZIL THYNOTHIL LANE, ALWAYE, ERNAKULAM, PIN-683 101.

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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.

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SRI. RENJITH GEORGE, SENIOR GOVERNMENT PLEADER

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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

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JUDGMENT

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Dated this the 14^th day of July, 2023

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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.

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Learned Counsel for the petitioner submitted that the petitioner is indebted to Banks and unless the amount due under the cheque is realised at the earliest, he would be put to extreme prejudice and loss.

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In view of the submission, a report was called from the learned Magistrate. In his report, the Judicial First Class Magistrate Court (NI Act cases), Ernakulam has stated as under:-

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“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

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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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Going by the number of cases that the learned Magistrate has to handle on a day to day basis, the request for six months is well founded. In my opinion, the very purpose of constituting a Special Court for NI Act cases will be defeated by the officer being mulcted with such number of cases. This aspect ought to be taken on the administrative side, so as to mitigate the grievance of complainants like the petitioner, who are made to wait endlessly for a final decision in their case.

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OP(CRL.) NOS.494 & 496 OF 2023

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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.

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Sd/- V.G. ARUN JUDGE

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bpr

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OP(CRL.) NOS.494 & 496 OF 2023

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APPENDIX OF OP(CRL.) 494/2023

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PETITIONER'S EXHIBITS

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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.

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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

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APPENDIX OF OP(CRL.) 496/2023

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PETITIONER'S EXHIBITS

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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.

Deepthi Mohan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Deepthi Mohan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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