Ajitha Nambiar vs P.P. Raveendran
2023 Latest Caselaw 13626 Ker

Kerala High Court

Ajitha Nambiar vs P.P. Raveendran on 21 December, 2023

Author: P. V. Kunhikrishnan

Bench: P.V.Kunhikrishnan

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
                                 1945
                   CRL.MC NO. 10619 OF 2023
AGAINST THE ORDER IN CMP 135/2023 OF JUDICIAL MAGISTRATE OF
     FIRST CLASS (SPECIAL COURT)FOR TRIAL OF MARADU CASES


PETITIONER/ACCUSED:

           AJITHA NAMBIAR, AGED 55 YEARS
           D/O. SATHYABHAMA, KRISHNANA, NEAR CHOOLANGHAT
           PARAMBA P.O.PARAMBIL BAZAR, NEAR NECHOLI POIL
           TEMPLE KOZHIKODE DISTRICT, PIN - 673012
           BY ADV ANILKUMAR V. (VAZHARAMBIL)


RESPONDENT/COMPLAINANT:

     1     P.P. RAVEENDRAN, AGED 53 YEARS
           S/O. M.S. NAIR, ROHINI, KOTTOOLI, NEAR NETAJI
           COLONY, CALICUT, PIN - 673016
     2     STATE OF KERALA, REPRESENTED BY THE PUBLIC
           PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:

           SRI RENJITH TR, PP


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   21.12.2023,   THE   COURT   ON     THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.MC.10619/2023
                                       2



                  P. V. KUNHIKRISHNAN, J.
               -------------------------------------------
                   Crl.M.C.No.10619 of 2023
               -------------------------------------------
           Dated this the 21st day of December, 2023

                               ORDER

This Criminal Miscellaneous Case is filed challenging

Annexure-A3 order by which the petitioner/accused is directed to

pay interim compensation under section 143A of the Negotiable

Instruments Act, 1881. It is submitted that the order passed by the

trial court is not in tune with the principle laid down by this Court

in Faizal Abdul Samad v. A. N. Sasidharan [2023 KHC

Online 797].

2. Heard learned counsel for the petitioner and the learned

Public Prosecutor. The counsel for the petitioner submitted that,

notice is served to the counsel appearing for the 1 st respondent.

There is no appearance for the 1st respondent.

3. This Court perused Annexure-A3 order. It is true that, a

4 page order is passed by the learned Magistrate in which the

section and other decisions are extracted. But, there is no

consideration of the point discussed by this Court in Faizal Abdul

Samad's case (supra). I am of the considered opinion that the

Magistrate has to reconsider the matter in the light of the principle

laid down by this Court in Faizal Abdul Samad's case (supra).

Therefore, this Crl.M.C is disposed of with the following

directions:

a) Annexure-A3 order is set aside.

b) The Special Judicial First Class Magistrate (Maradu Cases), Kozhikode is directed to reconsider C.M.P.No.135/2023 in S.T.No.419/2021, after giving an opportunity of hearing to the petitioner and the 1 st respondent, as expeditiously as possible, at any rate within three weeks from the date of receipt of a copy of this order in the light of the judgment laid down by this Court in Faizal Abdul Samad's case (supra).

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF CRL.MC 10619/2023

PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE PETITION NO.

135/2023 IN THE ABOVE STC 419/2021 IN SPECIAL JUDICIAL MAGISTRATE ( MARAD CASES), KOZHIKODE OF FILED BY THE RESPONDENT HEREIN UNDER SEC. 143 A OF NI ACT DATED 10. 03.2023 Annexure A2 THE TRUE COPY OF THE COUNTER FILED BY THE PETITIONER HEREIN DATED 21.06.2023 Annexure A3 THE TRUE COPY OF THE ORDER DARTED 21.06.2023 PASSED BY THE SPECIAL JUDICIAL MAGISTRATE ( MARAD CASES), KOZHIKODE IN CMP NO. 135/ 2023 IN ST