Kerala High Court
Bismi Azhar vs Sajith T S on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
CRL.MC NO. 9309 OF 2022
CMP NO.3861/2019 IN CC NO.681/2018 OF THE TEMPORARY SPECIAL COURT
OF THE JUDICIAL MAGISTRATE OF FIRST CLASS FOR THE TRIAL OF CASES
U/S 138 OF N.I.ACT, THIRUVANANTHAPURAM
PETITIONER/PETITIONER/ACCUSED:
BISMI AZHAR
AGED 46 YEARS, D/O SARASSAMMA,
RESIDING AT SREE MANGALAM, ALAPPURAM LANE,
THIRUMALA POST, THIRUVANANTHAPURAM, PIN - 695006
BY ADVS.
G.P.SHINOD
GOVIND PADMANAABHAN
AJIT G ANJARLEKAR
ATUL MATHEWS
GAYATHRI S.B.
RESPONDENTS/RESPONDENT/COMPLAINANT & STATE:
1 SAJITH T S
AGED 50 YEARS, S/O THANKAPPAN,
RESIDING AT T C 17/2441 (2), VAIKUNDAM,
THYCAUD POST, THIRUVANANTHAPURAM, PIN - 695014
2 STATE OF KERLA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
PP-SRI.G.SUDHEER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No. 9309 of 2022
2
ORDER
Dated this the 22nd day of December, 2022
This is a petition filed under Section 482 of the
Code of Criminal Procedure (hereinafter referred as Cr.P.C. for
convenience) and the prayer herein is to quash Annexure-A13
order dated 22.10.2022 in CMP No. 2711/2018 in CC No:
1293/2016 CMP No: 2712/2018 in CC No: 772/2014, CMP No:
2713/2018 in CC No: 17/2015, CMP No:2714/2018 in CC No:
1240/2015, CMP No: 2715/2018 in CC No: 1321/2015, CMP
No: 2716/2018 in CC No 1322/2015, CMP No: 2717/2018 in
CC No: 2778/2015, CMP No: 2718/2018 in CC No 3247/2015,
and CMP No. 3861/2019 in CC No. 681/2018 of the Temporary
Special Court of the Judicial Magistrate of First Class for the
Trial of Cases u/s 138 of N.I Act, Thiruvananthapuram and
allow Annexure-A11 Joint-trial Petition filed as CMP No.
3861/2019 in CC No. 681/2018.
2. Heard the learned counsel for the petitioner on
admission.
3. The learned counsel for the petitioner would submit
that, all the above cases arose out of the same transaction and
Crl.M.C No. 9309 of 2022
therefore, joint trial is absolutely necessary to protect the
interest of the petitioner, who is the accused in the above
cases. It is also submitted that, earlier also, joint trial petition
was filed in C.C.No.772/2014 seeking joint trial of all the above
cases together. When the learned Magistrate dismissed the
application, the matter was taken before this Court by filing
O.P.(Crl) No.89/2018.
4. This Court dismissed O.P.(Crl) No.89/2018, with
liberty to the petitioner to file petitions under Section 218 of
Cr.P.C before the court below within thirty days from the date
of judgment (i.e. 09.04.2018). Admittedly, no petition filed
before the court below within thirty days as directed by this
Court.
5. It is argued by the learned counsel for the
petitioner that, since this Court directed to file petitions under
Section 218 of Cr.P.C, the learned Magistrate went wrong in
dismissing the applications filed under Section 218 of Cr.P.C.
6. On perusal of judgment in O.P.(Crl) No.89/2018
dated 09.04.2018, this Court given liberty to the petitioner to
file petitions under Section 218 of Cr.P.C. and the direction to
Crl.M.C No. 9309 of 2022
the court below was that, the court below should consider and
dispose of the same, in accordance with law. In the same
judgment, this Court observed that, "it is also not disputed that
each of the above said cases arose out of independent
transaction".
7. The copy of objection filed by the complainant, who
is the 1st respondent herein also has been placed along with
this petition and in the objection also, the complainant raised
the said contention stating that, all the above cases originate
from different and distinct money transactions between the
accused and the complainant on different occasions. Therefore,
joint trial could not be allowed.
8. After considering all these aspects, the learned
Magistrate dismissed the application, holding the said
contention.
In the result, this Crl.M.C. appears to be meritless
and is accordingly dismissed.
Sd/-
A. BADHARUDEEN
SK
JUDGE
Crl.M.C No. 9309 of 2022
APPENDIX OF CRL.MC 9309/2022
PETITIONER'S ANNEXURES:
ANNEXURE A1 A TRUE COPY OF THE COMPLAINT DATED
29.10.2012 IN CC NO: 1293/2016, ON THE FILES
OF THE TEMPORARY SPECIAL COURT OF THE
JUDICIAL MAGISTRATE OF FIRST CLASS FOR THE
TRIAL OF CASES U/S 138 OF N.I ACT,
THIRUVANANTHAPURAM
ANNEXURE A2 A TRUE COPY OF THE COMPLAINT DATED 7.11.2012
IN CC NO: 772/2014, ON THE FILES OF THE
TEMPORARY SPECIAL COURT OF THE JUDICIAL
MAGISTRATE OF FIRST CLASS FOR THE TRIAL OF
CASES U/S 138 OF N.I ACT, THIRUVANANTHAPURAM
ANNEXURE A3 A TRUE COPY OF THE COMPLAINT DATED
12.11.2012 IN CC NO: 17/2015, ON THE FILES
OF THE TEMPORARY SPECIAL COURT OF THE
JUDICIAL MAGISTRATE OF FIRST CLASS FOR THE
TRIAL OF CASES U/S 138 OF N.I ACT,
THIRUVANANTHAPURAM
ANNEXURE A4 A TRUE COPY OF THE COMPLAINT DATED
12.11.2012 IN CC NO: 1240/2015, ON THE FILES
OF THE TEMPORARY SPECIAL COURT OF THE
JUDICIAL MAGISTRATE OF FIRST CLASS FOR THE
TRIAL OF CASES U/S 138 OF N.I ACT,
THIRUVANANTHAPURAM
ANNEXURE A5 A TRUE COPY OF THE COMPLAINT DATED
13.09.2012 IN CC NO: 1321/2015, ON THE FILES
OF THE TEMPORARY SPECIAL COURT OF THE
JUDICIAL MAGISTRATE OF FIRST CLASS FOR THE
TRIAL OF CASES U/S 138 OF N.I ACT,
THIRUVANANTHAPURAM
ANNEXURE A6 A TRUE COPY OF THE COMPLAINT DATED
13.09.2012 IN CC NO: 1322/2015, ON THE FILES
OF THE TEMPORARY SPECIAL COURT OF THE
JUDICIAL MAGISTRATE OF FIRST CLASS FOR THE
TRIAL OF CASES U/S 138 OF N.I ACT,
THIRUVANANTHAPURAM
ANNEXURE A7 A TRUE COPY OF THE COMPLAINT DATED
17.10.2012 IN CC NO:3247/2015, ON THE FILES
OF THE TEMPORARY SPECIAL COURT OF THE
JUDICIAL MAGISTRATE OF FIRST CLASS FOR THE
TRIAL OF CASES U/S 138 OF N.I ACT,
THIRUVANANTHAPURAM
ANNEXURE A8 A TRUE COPY OF THE COMPLAINT DATED 3.10.2012
IN CC NO: 2778/2015, ON THE FILES OF THE
Crl.M.C No. 9309 of 2022
TEMPORARY SPECIAL COURT OF THE JUDICIAL
MAGISTRATE OF FIRST CLASS FOR THE TRIAL OF
CASES U/S 138 OF N.I ACT, THIRUVANANTHAPURAM
ANNEXURE A9 A TRUE COPY OF THE COMPLAINT DATED
17.10.2012 IN CC NO: 681/2018, ON THE FILES
OF THE TEMPORARY SPECIAL COURT OF THE
JUDICIAL MAGISTRATE OF FIRST CLASS FOR THE
TRIAL OF CASES U/S 138 OF N.I ACT,
THIRUVANANTHAPURAM
ANNEXURE A10 A TRUE COPY OF THE PLAINT DATED 9.1.2015 IN
OS. NO. 14 OF 2015 BEFORE THE SUB COURT
THIRUVANANTHAPURAM
ANNEXURE A11 A TRUE COPY OF CMP NO: 3861/2019 IN CC NO
681/2018 DATED 19.9.2019 PREFERRED BY THE
PETITIONER BEFORE THE TEMPORARY SPECIAL
COURT OF THE JUDICIAL MAGISTRATE OF FIRST
CLASS FOR THE TRIAL OF CASES U/S 138 OF N.I
ACT, THIRUVANANTHAPURAM
ANNEXURE A12 A TRUE COPY OF THE COUNTER AFFIDAVIT DATED
3.10.2019 FILED BY THE RESPONDENT IN CC NO
681/2018
ANNEXURE A13 A CERTIFIED COPY OF THE COMMON ORDER DATED
22/10/2022 IN CMP NO. 2711/2018 IN CC NO:
1293/2016 CMP NO: 2712/2018 IN CC NO:
772/2014, CMP NO: 2713/2018 IN CC NO:
17/2015, CMP NO: 2714/2018 IN CC NO:
1240/2015, CMP NO: 2715/2018 IN CC NO:
1321/2015, CMP NO: 2716/2018 IN CC NO
1322/2015, CMP NO: 2717/2018 IN CC NO:
2778/2015, CMP NO: 2718/2018 IN CC NO
3247/2015 AND CMP NO. 3861/2019 IN CC NO.
681/2018 BY THE TEMPORARY SPECIAL COURT OF
THE JUDICIAL MAGISTRATE OF FIRST CLASS FOR
THE TRIAL OF CASES U/S 138 OF N.I ACT,
THIRUVANANTHAPURAM
RESPONDENTS' ANNEXURES : NIL
