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. 10375 OF 2023
AGAINST THE ORDER IN ST 289/2021 OF JUDICIAL MAGISTRATE OF
FIRST CLASS (SPECIAL COURT)FOR TRIAL OF MARADU CASES,
KOZHIKODE
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 HRITHWIK CS, 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.10375/2023
2
P. V. KUNHIKRISHNAN, J.
-------------------------------------------
Crl.M.C.No.10375 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.208/2023 in S.T.No.289/2021, 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 10375/2023
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE PETITION NO.
208/2023 IN THE ABOVE STC 289/2021 IN
SPECIAL JUDICIAL MAGISTRATE ( MARAD
CASES), KOZHIKODE OF FILED BY THE
RESPONDENT HEREIN UNDER SEC. 143 A OF
NI ACT DATED 05. 04.2023
Annexure A2 THE TRUE COPY OF THE COUNTER FILED BY
THE PETITIONER HEREIN DATED 29.04.2023
Annexure A3 THE TRUE COPY OF THE ORDER DARTED
21.06.2023 PASSED BY THE SPECIAL
JUDICIAL MAGISTRATE ( MARAD CASES),
KOZHIKODE IN CMP NO. 208/ 2023 IN ST
