Jaimon Jacob vs State Of Kerala
2021 Latest Caselaw 7774 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                      OP(Crl.).No.574 OF 2017(Q)

 AGAINST THE ORDER IN CMP 3616/2016 OF CHIEF JUDICIAL MAGISTRATE,
                             KOTTAYAM


PETITIONER:

               JAIMON JACOB, S/o JACOB,
               MAKKIMATTATHIL HOUSE,
               KALLOORKULAM P.O., KOTTAYAM, PIN-686503.

               BY ADV. SRI.O.D.SIVADAS

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM-682030

      2        THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LIMITED,
               HEAD OFFICE, KOTTAYAM,
               REPRESENTED BY ITS AUTHORISED OFFICER, PIN 686001.

               R2 BY ADVS. SRI.ATHUL SHAJI
                           SRI.T.A.SHAJI SR.
               R1 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND




     THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl) No.574 of 2017               2




                                JUDGMENT

The petitioner and counsel remained absent and

there was no representation. It is a matter of the

year 2017. The learned counsel for the respondent

submitted that there is no merit in the original

petition and the legal position was already covered by

a decision rendered by this court in Varghese v. Kerala

State Co-operative Bank Ltd [2008 (1) KLT 521]. This

might be the reason why the learned counsel kept away

from this court. Being a matter of the year 2017, I am

of the view that the absence of the counsel cannot be

condoned. Hence the O.P.(Crl) is dismissed for non

prosecution.

Sd/-

P.SOMARAJAN

JUDGE DMR/-

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 21.10.2015 ISSUED TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE PETITION IN CMP 3616/2016 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM.

EXHIBIT P3 TRUE COPY OF THE ORDER IN CMP 3616/2016 ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 15.09.2017 ISSUED BY THE ADVOCATE COMMISSIONER.

RESPONDENTS' EXHIBIT: NIL


                                               // TRUE COPY    //



                                               P.A. TO JUDGE