Kerala High Court
Thomas Abraham K vs Benjamin Abraham on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
OP(CRL.) NO. 388 OF 2021
IN S.T. NO.4492/2020 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, PATHANAMTHITTA
PETITIONER/COMPLAINANT:
THOMAS ABRAHAM K.,
S/O.LATE K.A.THOMAS,
AGED 72 YEARS
KURUDAMANNIL KUTTIELAVUNKAL HOUSE, KOTTATHUR P.O.,
PIN-689 614, AYROOR VILLAGE, RANNI TALUK,
PATHANAMTHITTA TALUK, PATHANAMTHITA DISTRICT.
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
MR.THOMAS SIMON, AGED 62 YEARS, KURUDAMANNIL
KUTTIELVUNKAL, THEKKUMAL P.O., PIN 689 614, AYIROOR
KOTTATHUR, PATHANAMTHITTA DISTRICT, KERALA.
BY ADVS. SRI.ARUN.B.VARGHESE
SMT.AISWARYA V.S.
SMT.VARNA MANOJ
RESPONDENT/ACCUSED:
BENJAMIN ABRAHAM,
S/O. LATE K.A.ABRAHAM, AGED 63 YEARS, PAKALOMATTOM
CHERUKARA KOTTACKAL HOUSE, CHETHACKAL P.O.,
CHETHACKAL VILLAGE, RANNY TALUK,
PATHANAMTHITTA DISTRICT, KERALA STATE,
INDIA, PIN-689 677.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.11.2021, ALONG WITH OP(Crl.).389/2021 & 390/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(Crl.) Nos.388,389 & 390 of 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021/12TH KARTHIKA, 1943
OP(CRL.) NO. 389 OF 2021
IN S.T.NO.4491/2020 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT -II, PATHANAMTHITTA
PETITIONER/COMPLAINANT:
THOMAS ABRAHAM K,
S/O.LATE.K.A. THOMAS, AGED 72 YEARS,
KURUDAMANNIL KUTTIELAVUNKAL HOUSE, KOTTAHUR P.O,
PIN - 689 614, AYOOR VILLAGE RANNI TALUK,
PATHANAMTHITTA TALUK, PATHANAMTHITTA DISTRICT,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
MR.THOMAS SIMON, AGED 62 YEARS, KURUDAMANNIL
KUTTIELVUNKAL, THEKKUMAL P.O, PIN - 689 614,
AYIROOR KOTTATHUR, PATHANAMTHITTA DISTRICT,
KERALA.
BY ADVS. SRI.ARUN.B.VARGHESE
SMT.AISWARYA V.S.
SMT.VARNA MANOJ
RESPONDENT/ACCUSED:
BENJAMIN ABRAHAM,
S/O. LATE.K.A. ABRAHAM, AGED 63 YEARS,
PAKALOMATTOM CHERUKARA KOTTACKAL HOUSE,
CHETHACKAL P.O, CHETHACKAL VILLAGE,
RANNY TALUK, PATHANAMTHITTA DISTRICT, KERALA
STATE, INDIA, PIN - 689 677.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.11.2021, ALONG WITH OP(Crl.).388/2021 & 390/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(Crl.) Nos.388,389 & 390 of 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,
1943
OP(CRL.) NO. 390 OF 2021
IN S.T.NO.4493/2020 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, PATHANAMTHITTA
PETITIONER/COMPLAINANT:
THOMAS ABRAHAM K.,
S/O. LATE K.A. THOMAS, AGED 72 YEARS,
KURUDAMANNIL KUTTIELAVUNKAL HOUSE,
KOTTATHUR P.O., PIN-689 614, AYROOR VILLAGE
RANNI TALUK, PATHANAMTHITTA TALUK,
PATHANAMTHITTA DISTRICT,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
MR.THOMAS SIMON, AGED 62 YEARS, KURUDAMANNIL
KUTTIELVUNKAL, THEKKUMAL P.O., PIN-689 614,
AYIROOR, KOTTATHUR, PATHANAMTHITTA DISTRICT,
KERALA.
BY ADVS. SRI.ARUN.B.VARGHESE
SMT.AISWARYA V.S.
SMT.VARNA MANOJ
RESPONDENT/ACCUSED:
BENJAMIN ABRAHAM,
S/O. LATE K.A. ABRAHAM, AGED 63 YEARS,
PAKALOMATTOM CHERUKARA KOTTACKAL HOUSE,
CHETHACKAL P.O., CHETHACKAL VILLAGE,
RANNY TALUK, PATHANAMTHITTA DISTRICT,
KERALA STATE, INDIA, PIN-689 677.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.11.2021, ALONG WITH OP(Crl.).388/2021 & 389/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(Crl.) Nos.388,389 & 390 of 2021
4
JUDGMENT
Dated this the 03rd day of November, 2021
These three petitions have been filed under Article 227 of the
Constitution of India.
2. Three prosecutions have been launched by the
petitioners in the above Original Petitions before Judicial First Class
Magistrate Court II, Pathanamthitta under Section 138 of the
Negotiable Instruments Act, 1881 (for short 'the NI Act') of which
cognizance has been taken and cases have been registered on its
file as S.T.Nos.4492/2020, 4491/2020 and 4493/2020. According
to the petitioners, the above prosecutions have been initiated on
18.12.2020, firstly considered by the court on 23.01.2021 and
posted for return of summons to 29.03.2021. Thereafter, the
cases are being adjourned through notifications due to the Covid-
19 pandemic that had outbroken then and now the cases stand
posted to 29.12.2021.
2. Petitioner is the complainant in all the three cases.
According to him, he is a senior citizen and is residing abroad with
his son. He is also suffering from cancer and is undergoing
treatment for that. According to him in view of the frequent
O.P(Crl.) Nos.388,389 & 390 of 2021
adjournments of the cases by notifications he is prejudiced and
therefore, Original Petitions on hand have been moved seeking for
a direction to the court concerned for expeditious disposal.
3. A report has been called for from Judicial First Class
Magistrate Court II, Pathanamthitta regarding the time required for
disposal of the above three prosecutions. The Judicial Officer
concerned vide letter dated 30.10.2021 informed this Court that
cases have been adjourned by notifications as demanded by the
pandemic scenario and at present the cases stand posted to
29.12.2021. According to her, six months' time is required to
dispose of the prosecutions.
In the above circumstances, this Court is inclined to direct the
Judicial Officer concerned to take all earnest endeavours to dispose
of the above three prosecutions within six months' time from the
date on which certified copy of this judgment is received there.
The Judicial Officer concerned shall not seek for further extension
of time in the matter.
Original Petitions are allowed as above.
Sd/-
MARY JOSEPH
JUDGE
NAB
O.P(Crl.) Nos.388,389 & 390 of 2021
APPENDIX OF OP(CRL.) 388/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT IN
S.T.NO.4492/2020 PENDING ON THE FILES OF
THE HONOURABLE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, PATHANAMTHITTA.
EXHIBIT P2 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY THE ASSOCIATE CONSULTANT,
MEDICAL ONCOLOGY FROM HAMAD MEDICAL
CORPORATION, QATAR.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P A TO JUDGE
O.P(Crl.) Nos.388,389 & 390 of 2021
APPENDIX OF OP(CRL.) 389/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT IN S.T. NO.
4491/2020 PENDING ON THE FILES OF THE
HONOURABLE JUDICIAL FIRST CLASS
MAGISTRATE COURT - II, PATHANAMTHITTA.
EXHIBIT P2 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY THE ASSOCIATE CONSULTANT,
MEDICAL ONCOLOGY FROM HAMAD MEDICAL
CORPORATION, QATAR.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P A TO JUDGE
O.P(Crl.) Nos.388,389 & 390 of 2021
APPENDIX OF OP(CRL.) 390/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT IN ST
NO.4493/2020 PENDING ON THE FILES OF THE
HONOURABLE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, PATHANAMTHITTA.
EXHIBIT P2 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY THE ASSOCIATE CONSULTANT,
MEDICAL ONCOLOGY FROM HAMAD MEDICAL
CORPORATION, QATAR.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P A TO JUDGE
