A.J.Joseph vs State Of Kerala
2021 Latest Caselaw 1333 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

 WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA,
                          1942

                 OP(Crl.).No.392 OF 2020

ST 388/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PALA


PETITIONER/S:

           A.J.JOSEPH
           AGED 69 YEARS
           S/O. LATE JOSEPH, ANATHARAKKAL HOUSE,
           PALVELIKKARA, RAMAPURAM VILLAGE, RAMAPURAM
           P.O, MEENACHIL TALUK, KOTTAYAM DISTRICT.

           BY ADVS.
           SRI.VARGHESE C.KURIAKOSE
           SHRI.SUSANTH SHAJI

RESPONDENT/S:

     1     STATE OF KERALA
           REP. BY PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM-682 031.

     2     JOMON JAMES,
           S/O. JAMES, AGED ABOUT 36 YEARS, OODUPUZHAYIL
           HOUSE, RAMAPURAM VILLAGE, RAMAPURAM BAZAR P.O,
           PIN-686 576


OTHER PRESENT:

           PP T.R.RENJITH

     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P. (Crl) No.392 of 2020

                                          -2-



                                  JUDGMENT

Dated this the 13th day of January, 2021

The petitioner is seeking expeditious

disposal of S.T. No.388 of 2017 pending before

the Judicial First Class Magistrate Court-I,

Pala, which originated from his complaint filed

under Section 138 of the Negotiable Instruments

Act.

2. Since the case is of the year 2017, a

report was called for from the jurisdictional

Magistrate. It is stated in the report that the

accused appeared on 21.10.2017 and charge was

read over to the accused on 10.02.2017. The case

was thereafter posted for cross-examination of

the complainant on 15.02.2020 and adjourned to

28.03.2020. That, in view of the lock down

restrictions and the guidelines issued by the

High Court, the case was adjourned on O.P. (Crl) No.392 of 2020

notification and now stands posted to 29.01.2021.

In spite of this Court having asked the learned

Magistrate about the time required for final

disposal of the case, nothing is stated in the

report.

Taking into account the submission that the

petitioner is a senior citizen and the case being

of the year 2017, the Judicial First Class

Magistrate-I, Pala, is directed to dispose

S.T.No.380 of 2017 within a period of six months

from the date of receipt of a copy of this

judgment. In view of the limited relief granted,

notice to the second respondent is dispensed

with.

       The        original          petition         is    disposed       of

accordingly.                                                Sd/-

                                                          V.G.ARUN
                                                           JUDGE
Scl/13.01.2021
 O.P. (Crl) No.392 of 2020






                               APPENDIX
PETITIONER'S/S EXHIBITS:



EXHIBIT P1                  TRUE COPY OF THE MEDICAL CERTIFICATE

DATED 29.10.2016 ISSUED FROM LISIE HOSPITAL, ERNAKULAM.

EXHIBIT P2 TRUE COPY OF COMPLAINT LODGED BEFORE THE JURISDICTIONAL MAGISTRATE (JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALA). DATED 10.01.2017.

EXHIBIT P3 TRUE COPY OF DOWNLOADED HISTORY OF ST.

NO. 388/2017 ON THE FILES OF JFCM-I, PALA.