Kerala High Court
Babumon K.G vs State Of Kerala on 11 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 3383 OF 2024
AGAINST THE ORDER DATED 15.03.2024 IN CC NO.1749 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOCHI
PETITIONER/ ACCUSED :
BABUMON K.G.
AGED 46 YEARS
PROPRIETOR, EXCELLENT SHIPPING,
1ST FLOOR, LAKSHMI HOUSE,
PERUMANNR JETTY ROAD, W/ISLAND,
KOCHI- 682 003
BY ADVS.
RAKESH LEO
LEEJOY MATHEW.V.
SABU S.KALLARAMOOLA
RESPONDENT/ STATE/ COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
OFFICE OF THE ADVOCATE GENERAL,
HIGH COURT BUILDINGS, ERNAKULAM,
PIN - 682031
2 TOTAL TRANSPORT SYSTEM LIMITED
CC 18/1839-A3, PALLICHAL ROAD PARRY JUNCTION,
THOPPUMPADY, KOCHI- 682005,
REPRESENTED BY IT'S MANAGER MR BIJU D,
PIN - 682005
3 BIJU D
AGED 39 YEARS
S/O DIVAKARAN BRANCH MANAGER,
TOTAL TRANSPORT SYSTEM LIMITED,
18/1839-A3, PALLICHAL ROAD,
PARRY JUNCTION, THOPPUMPADY,
KOCHI- 682 005
CRL.MC NO. 3383 OF 2024
2
SRI. M.C. ASHI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3383 OF 2024
3
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.3383 of 2024
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Dated this the 11th day of April, 2024
ORDER
Petitioner challenges the order dated 15.03.2024 in C.M.P.No.57 of 2024 in C.C.No.1749 of 2019 on the files of the Judicial First Class Magistrate's Court-I, Kochi. By virtue of the impugned order, petitioner's application under Section 311 of the Cr.P.C. for recalling and re- examining PW1 has been rejected.
2. Petitioner as the accused filed the application under Section 311 Cr.P.C. pointing out that during the cross-examination of PW1, that took place on 28.05.2022, certain questions regarding the validity and enforceability of an award of the Lok Adalath, which was marked as Ext.P6 was omitted to be asked and therefore recalling and re-examining the said witness is essential to prove the invalidity of the said award. The learned Magistrate by the impugned order dismissed the application after observing that PW1 was examined on 28.05.2022 and that Ext.P6 is an award of Lok Adalat which was final and binding on the parties including the accused and the validity of the said award cannot be questioned in a case under Section 138 of the Negotiable Instruments Act, 1881 (for short, NI Act).
3. A Division Bench of this Court had in W.A.No.547 of 2023 CRL.MC NO. 3383 OF 2024 4 (Annexure A3) refused to interfere with the award of the Lok Adalath. Petitioner wants to recall the witness to put questions relating to the validity of the said award. On a consideration of the aforesaid circumstances, it is evident that when an award of the Lok Adalat is existing, its invalidity or non-enforceability cannot be proved through a witness in a case under the NI Act. In fact the learned Single Judge and the Division Bench of this Court had considered the challenge against the award of the Lok Adalat and declined to interfere with it. In such circumstances, the finding of the learned Magistrate that the validity of the award of the Lok Adalat cannot be called in question in a case before the Magistrate is proper and does not deserve any interference.
Therefore, I find no reason to interfere with the impugned order. Accordingly, this Crl.M.C. is dismissed.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM CRL.MC NO. 3383 OF 2024 5 APPENDIX OF CRL.MC 3383/2024 PETITIONER'S ANNEXURES :
Annexure A1 TRUE COPY OF THE AWARD DATED 21.01.2019 Annexure A2 TRUE COPY OF THE COMPLAINT DATED 26.06.2019 Annexure A3 TRUE COPY OF THE JUDGMENT IN W.A. NO.
547/2023 DATED 07.11.2023 Annexure A4 TRUE COPY OF THE JUDGMENT IN CRL. M.C. NO. 3776/2022 DATED 08.01.2024 Annexure A5 OFFICE COPY OF THE PETITION NUMBERED AS CMP NO. 57/2024 IN CC NO. 1749/2019 DATED 12.01.2024 Annexure A6 CERTIFIED COPY OF THE ORDER OF JFCM - I COURT, KOCHI IN CMP NO. 57/2024 IN CC NO.
1749/2019 DATED 15.03.2024