Kerala High Court
P.Jose Ukkuru vs Vitson Steel Cor. (P) Ltd on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
CRL.MC NO. 5678 OF 2020
AGAINST THE ORDER DATED 17.02.2020 IN C.M.P. No.1122/2020 IN CC
1663/2016 OF JFMC(N.I. ACT CASES) ERNAKULAM
PETITIONER/ACCUSED:
P.JOSE UKKURU
AGED 66 YEARS
S/O. UKKURU, PROPRIETOR, P.V UKKURU
INTERNATIONAL TRADE, XL/6049, TD WEST ROAD,
ERNAKULAM 682 035
BY ADVS.SRI.K.G.CLEETUS
SRI.PETERLAL
RESPONDENT/COMPLAINANT:
M/S.VITSON STEEL COR. (P) LTD.
VI/78B,IDA EDAYAR, BINANIPURAM P.O, ERNAKULAM 683 500,
REPRESENTED BY ITS DIRECTOR SRI VISWANATHA RAMESH
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
SRI.K.ANAND (A-1921)
OTHER PRESENT:
PP SRI M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR HEARING ON 23.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.M.C. No.5678 of 2020
2
O R D E R
Dated this the 23rd day of September, 2021
This petition is filed by the accused under Section 482 of Code of
Criminal Procedure seeking to quash an order passed by Judicial First
Class Magistrate Court (N.I. Act Cases) Ernakulam (for short 'the court
below') on 17.02.2020 in C.M.P. No.1122/2020 in CC No.1663/2016. By
order dated 17.02.2020 C.M.P. No.1122/2020 was dismissed for the
reason that it lacks bonafides, copy of which order is produced
alongwith this petition as Annexure A6.
2. It was pleaded by the petitioner in the application that Exts.X1
and X2 were marked through a Sales Tax Officer and the petitioner, if
had any doubt about those, could have recalled the person responsible
for its production and not PW1. Accordingly, the court below found no
reason to recall PW1 and the petition was dismissed.
3. It is submitted by Adv.S.Rajeev, the learned counsel for the
respondent that the prayer in the petition was to recall PW1 for
examination and he is prepared to attend the court to serve the
purpose. In that context, the order assailed needs to be set aside.
Crl.M.C. No.5678 of 2020
In the result, Crl.M.C is allowed and the impugned order is set
aside. The complainant/PW1 shall appear before the court below on
the date to which CC No.1663/2016 now stands posted. The petitioner
shall cross examine PW1 on the day itself. The court below shall
complete the process and dispose of CC No.1663/2016 and connected
cases which were tried together, at the earliest, not later than two
months from the date of receipt of a certified copy of the order.
Sd/-
MARY JOSEPH
JUDGE
ttb
Crl.M.C. No.5678 of 2020
APPENDIX OF CRL.MC 5678/2020
PETITIONER'S ANNEXURE
ANNEXURE A1 TRUE PHOTOCOPY OF THE COMPLAINT C.C NO.
1663/2016 ON THE FILE OF JUDICIAL FIRST
CLASS MAGISTRATE COURT (N.I CASES),
ERNAKULAM DATED 3-3-2016
ANNEXURE A2 TRUE PHOTOCOPY OF THE COMPLAINT C.C NO.
1664/2016 ONT EH FILE OF JUDICIAL FIRST
CLASS MAGISTRATE COURT (N.I ACT CASES),
ERNAKULAM DATED 3-3-2016
ANNEXURE A3 TRUE PHOTOCOPY OF THE COMPLAINT C.C NO.
1665/2016 ON THE FILE OF JUDICIAL FIRST
CLASS MAGISTRATE COURT (N.I ACT CASES),
ERNAKULAM DATED 3-3-2016
ANNEXURE A4 TRUE PHOTOCOPY OF THE ORDER DATED 25-5-2019
IN C.M.P NO. 981/2019 IN C.C NO. 1663/2016
OF JUDICIAL FIRST CLASS MAGISTRATE COURT
(N.I ACT CASES) ERNAKULAM
ANNEXURE A5 TRUE PHOTOCOPY OF THE JUDGMENT DATED 26-09-
2019 IN O.P(CRL) NO. 381/2019
ANNEXURE A6 TRUE PHOTOCOPY OF THE C.M.P NO 1122/2020 IN
C.C NO. 1663/2016 DATED 28-1-2020 ON THE
FILE OF HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT (N.I ACT CASES)., ERNAKULAM
ANNEXURE A7 CERTIFIED COPY OF THE ORDER DATED 17-2-2020
IN C.M.P NO. 1122/2020 IN C.C NO. 1663/2016
OF THE HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT (N.I ACT CASES) ERNAKULAM
ANNEXURE A8 TRUE COPY OF THE ORDER DATED 25-11-2020 IN
O.P(CRL. NO. 178/2020 OF THIS HON'BLE COURT.
