Shini Jiji vs 1. Thomas John Thayiparambil
2022 Latest Caselaw 4142 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                     OP(CRL.) NO. 121 OF 2022
        ST 3658/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS
                           ,THIRUVALLA
PETITIONER/ACCUSED

            SHINI JIJI,AGED 38 YEARS
            W/O JIJI N KURUVILA,
            NELLIMOOTTIL HOUSE, AMALLORE, MANJADI P.O,
            THIRUVALLA, PIN - 689105
            BY ADVS.
            T.P.PRADEEP
            R.K.PRASANTH
            MINIKUMARY M.V.
            P.K.SATHEES KUMAR


RESPONDENTS/COMPLAINANT

    1       THOMAS JOHN THAYIPARAMBIL
            AGED 40 YEARS
            THAYILPARAMBIL HOUSE, MANJADI P.O, THIRUVALLA
            TALUK, PIN - 689105, PRESENTLY WORKING AT OMAN,
            REPRESENTED BY POWER OF ATTORNEY HOLDER, ABRAHAM
            VARGHESE, AGED 51 YEARS, S/O T.J VAGHESE,
            THAYILPARAMBIL HOUSE, MANJADI P.O, THIRUVALLA
            TALUK, PIN - 689105
    2       STATE OF KERALA
            REPRESENTED BY ITS PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM. , PIN - 682018


            SMT TV NEEMA -SR PP



     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(Crl).121 of 2022
                                         2




                              JUDGMENT

This Original Petition has been filed by the accused in

S.T.3658/2018 of J.F.C.M, Thiruvalla. 1St respondent is the

complainant therein.

2. The 1st respondent filed a private complaint against

the petitioner herein alleging offence punishable under Section

138 of the N.I.Act. The evidence in the case is over and the case

stood posted to 6.4.2022 for examination of the accused under

Section 313 Cr.P.C.

3. The respondent approached this Court with

O.P(Crl).36/2022 for speedy disposal of S.T.3658/2018. This

Court disposed of the said O.P with a direction to the learned

Magistrate to dispose of S.T.3658/2018 on or before 30.4.2022.

Now, the case is at the stage of defence evidence. The

petitioner has filed Ext.P6 application to send the cheque in

question for scientific examination. According to her, she did

not put signature in the said cheque. It is specifically contended

that the blank cheque from her possession was stolen and her

signature found in the cheque is a forged one. It is in these

circumstances Ext.P6 application has been filed to scientifically

examine the signature found in the cheque by sending the OP(Crl).121 of 2022

same to the forensic laboratory.

4. The apprehension of the petitioner is that since there

is already a direction of this Court to dispose of the case on or

before 30.4.2022, the learned Magistrate may dismiss Ext.P6.

5. The right of the accused to adduce defence evidence

is a valuable right. In a proceedings under Section 138 of the

N.I.Act, if the accused disputes his/her signature specifically,

he/she has every right to ask the Court to send the cheque to

be examined by a scientific expect to substantiate his defence

case.

For the reasons stated above, I am of the view that this

Original Petition can be disposed of with a direction to the

Magistrate to dispose of Ext.P6, in accordance with law, after

hearing both sides, without considering the direction in

O.P(Crl).36/2022 that the case shall be disposed of on or before

30.4.2022. If the Magistrate choses to allow Ext.P6 application,

the Magistrate is free to seek for extension of time. It is made

clear that I have not made any comment on the merits of Ext.P6

application.

O.P is disposed of as above.

DR.KAUSER EDAPPAGATH,Judge

Mrcs.

OP(Crl).121 of 2022

APPENDIX OF OP(CRL.) 121/2022

PETITIONER EXHIBITS Exhibit1 A TRUE COPY OF THE COMPLAINT FILED UNDER SECTION 199 AND 200 OF CR.PC AND 138 R/W 142 OF NI ACT, BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA Exhibit P2 A TRUE COPY OF THE REPLY NOTICE DATED 01/11/2018, ISSUED AGAINST THE LAWYER NOTICE BY THE RESPONDENT.

Exhibit P3 A TRUE COPY OF THE CRIMINAL COMPLAINT DATED 05/11/2018, PREFERRED AGAINST THE RESPONDENT, BEFORE THE CIRCLE INSPECTOR OF POLICE THIRUVALLA.

Exhibit P4 A TRUE COPY OF THE PRIVATE COMPLIANT FILED UNDER SECTION 190 OF CR.PC, BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA, BEARING C.M.P NO. 1849/2019.

Exhibit P5 A TRUE COPY OF THE FIR BEARING NO.

769/2019 DATED 04/04/2019 OF THIRUVALLA POLICE STATION.

Exhibit P6 A TRUE COPY OF THE INTERIM PETITION DATED 21/01/2020, FILED IN S.T. NO.

3658/2018 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. Exhibit P7 A TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN O.P. (CRL) NO.

36/2022 DATED 17/02/2022.