Kerala High Court
K.Sadasivan vs M/S.Immauel Aviation And Cargo ... on 7 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
CRL.MC NO. 4423 OF 2020
AGAINST THE ORDER/JUDGMENT IN ST 665/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, ALUVA, ERNAKULAM
PETITIONER/COMPLAINANT:
K.SADASIVAN
AGED 71 YEARS
S/O.KUNJUKRISHANA, SOUPARNIKA, MARKET ROAD,
THRIPUNITHURA P.O., ERNAKULAM DISTRICT, PIN-682301.
BY ADVS.
M.G.SREEJITH
SMT.MERSEENA VINCENT
RESPONDENTS/ ACCUSED:
1 M/S.IMMAUEL AVIATION AND CARGO SERVICES PVT LTD,
AIKKERETH BUILDING, NAYANTHODE JN., AIRPORT-KALADY VIA,
NAYANTHODE P.O., ERNAKULAM DISTRICT, PIN-683572, AND
HAVING REGISTERED OFFICE AT 132/15, NOOR POINT, BANK
LN, ALUVA, PIN-683101, REPRESENTED BY ITS MANAGING
DIRECTOR, V.K.VIJAYAN.
2 V.K.VIJAYAN,
S/O.KUNJAN, MANAGING DIRECTOR, OF M/S IMMANUEL AVIATION
AND CARGO SERVICES PVT.LTD, RESIDING AT SATKRITI,
KUMLIMANGALAM, EDAT P.O., PAYANNUR, KANNUR DISTRICT,
PIN-670327.
3 RAMESH S.,
S/O.SIVASANKARAN NAIR, MANAGER, M/S.IMMANUEL AVIATION
AND CARGO SERVICES PVT.LTD, AIKKERATH BUILDING,
NAYATHODE P.O., ERNAKULAM DISTRICT, PIN-683572, AND
HAVING REGISTERED OFFICE AT 132/15, NOOR PONT, BANK JN,
ALUVA, PIN-683101 RESIDING AT 28D(10/169A), VARAKATH,
MANIKKAMANGALAM, KALADY, ERNAKULAM-683574.
4 WILLIAM GEORGE,
DIRECTOR, M/S.IMMANUEL AVIATION AND CARGO SERVICES
PVT.LTD., AIRPORT-KALADY VIA, NAYATHODE P.O., ERNAKULAM
DISTRICT, PIN-683572 AND HAVING REGISTERED OFFICE AT
132/15, NOOR POINT, BANK JN, ALUVA, PIN-683101.
5 ROSY WILLIAM,
Crl.M.C. No.4423/2020
2
DIRECTOR, M/S.IMMANUEL, AVIATION AND CARGO SERVICES
PVT.LTD., AIKKERETH BUILDING, NAYATHODE JN., AIRPORT-
KALADY VIA, NAYATHODE P.O., ERNAKULAM DISTRICT, PIN-
683572, AND HAVING REGISTERED OFFICE AT 132/15, NOOR
PONT BANK JN, ALUVA, PIN-683101.
6 V.R.LENIL KUMAR,
S/O.V.N.RAVEENDREN, DIRECTOR, M/S.IMMUNUEL, AVIATION
AND CARGO SERVICES PVT.LTD, AVIATION AND CARGO
SERVICES, PVT.LTD, AIKKERETH BUILDING, NAYATHODE JN.,
AIRPORT-KALADY VIA, NAYATHODE P.O., ERNAKULAM DISTRICT,
PIN-683572 AND HAVING REGISTERED OFFICE AT 132/15, NOOR
PONT BANK JN., ALUVA, PIN-683101 RESIDING AT
VALLOORAKATHOOTTU HOUSE, KIDANGOOR P.O., ANGAMALY, PIN-
683101.
7 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-682031.
BY ADVS.
SRI.T.M.RAMAN KARTHA
SRI.SHIRAS ALIYAR
R7 BY ADV. SRI. RAMESH CHAND, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.M.C. No.4423/2020
3
O R D E R
The petitioner came up to set aside annexure
A3 order in Crl.M.P.No.1006/2020 in S.T.No.665/2017
in the files of Judicial First Class Magistrate -II,
Aluva refusing to summon a witness under Section 311
Cr.P.C. on the ground that it was submitted after
culmination of evidence and hearing of the matter
and submission of hearing notes.
2. It was submitted that due to ongoing
pandemic Covid-19 the party could not file the
application in time and the learned counsel for the
petitioner fairly submitted that there is some
laches and default on their part in preferring the
said application within time. The name and address
and involvement of the proposed witness made
mentioned by the complainant in the chief affidavit.
As such, though there is default and delay in
preferring this application, it is not at all fit
and proper to curtail the right of evidence. But
the petitioner shall be penalized in terms of money
for the default committed.
Crl.M.C. No.4423/2020
3. The learned counsel for the petitioner
fairly submitted that he is prepared to pay an
amount of Rs.5,000/- (Rupees five thousand only) by
way of cost to the respondents. As such, annexure A3
order of the lower court will stand set aside on
payment of an amount of Rs.5,000/- to the
respondents, on account of the delay occasioned. It
shall be deposited or remitted on or before
19.07.2021, failing which the crl.M.C. will stand
dismissed.
4. The trial court shall expedite the
disposal of the case and the petitioner shall
procure the presence of the witness either in person
or through video conferencing at his cost within two
weeks from the date of appearance. The parties
shall appear before the trial court through their
counsel on 09.07.2021.
The Crl.M.C. is allowed conditionally as
above.
Sd/-
P. SOMARAJAN
JUDGE
SPV
Crl.M.C. No.4423/2020
APPENDIX OF CRL.MC 4423/2020
PETITIONER'S ANNEXURE
ANNEXURE A1 TRUE COPY OF PROOF AFFIDAVIT FILED BY THE
PETITIONER BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, ALUVA DATED 25.02.2020
IN S.T.NO.665/2017.
ANNEXURE A2 TRUE COPY OF C.M.P.NO.1006/2020 IN
S.T.NO.665/2017 DATED 15.09.2020 BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-II
ALUVA FILED BY THE PETITIONER TO REOPEN THE
EVIDENCE.
ANNEXURE A3 CERTIFIED COPY OF ORDER DATED 25.09.2020 IN
C.M.P.NO.1006/2020 IN S.T.NO.665/2017 BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE COURT-
II, ALUVA.
ANNEXURE A4 TRUE COPY OF ORDER SHEET IN ST.NO.665/2017
FROM 13-02-2017 TO 29-01-2020.
ANNEXURE A4(a) COPY OF DAILY PROCEEDINGS IN S.T.NO.665/2017
FROM 29-01-2020 TO 16-10-2020 DOWNLOADED
FROM E-COURT WEBSITE.
ANNEXURE A4(b) COPY OF HISTORY OF CASE HEARING OF
ST.NO.665/2017 FROM 18-11-2017 TO 21.10.2020
DOWNLOADED FROM E-COURT WEBSITE.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
