Alice Augustine vs State Of Kerala
2023 Latest Caselaw 1969 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
    FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                       OP(CRL.) NO. 43 OF 2023
AGAINST THE ORDER/JUDGMENT CMP 1796/2021 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -II, MANANTHAVADY
PETITIONER

             ALICE AUGUSTINE
             AGED 80 YEARS
             W/O T.V AUGUSTINE,THOTTUMEL HOUSE ,
             VEMOM P.O,MANANTHAVADY TALUK,
             WAYANAD DISTRICT, PIN - 670645

             BY ADVS.
             V.SHYAM
             P.ARUN
             SAHEERA K.

RESPONDENT

    1        STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031

    2        BINUMOL JOSE
             AGED 50 YEARS
             W/O SUNIL,PRINCIPAL VHSE,MUTTIL,MANDAD
             P.O,KALPETTA,VYTHIRI TALUK,WAYANAD, PIN - 673122
OTHER PRESENT:

             PUBLIC PROSECUTOR SRI. M.C.ASHI


     THIS    OP   (CRIMINAL)   HAVING    COME   UP   FOR   ADMISSION   ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(Crl) No.43 of 2023
                                  2



                         JUDGMENT

Dated this the 3rd day of February, 2023

The petitioner is the complainant in C.M.P No.1796 of

2021 on the files of the Judicial First Class Magistrate-II,

Mananthavady. The complaint is filed alleging commission of

the offence under Section 138 of the Negotiable Instruments

Act by the 2nd respondent. The cheque amount involved is

Rupees 15 lakhs. The petitioner is aggrieved by the delay in

taking cognizance and the consequential delay in disposing

the complaint.

2. In the report called for by this Court, the learned

Magistrate has stated that the complaint is taken on file as

STC No.110 of 2023 and stands posted to 15.02.2023 for

appearance of the accused. It is also pointed out that the

Magistrate is holding full additional charge of the Principal

Magistrate, Juvenile Justice Board, Wayanad and at least

one year would be required to dispose the case. O.P(Crl) No.43 of 2023

3. Learned counsel for the petitioner submitted that the

petitioner is aged 80 years and will be put to substantial

prejudice if the time, as sought, is granted.

4. Taking into consideration the request made by the

learned Magistrate and the advanced age of the complainant

of the learned counsel, the Original Petition is disposed of

directing the Judicial First Class Magistrate-II, Mananthavady

to dispose STC No.110 of 2023 within eight months of receipt

of a copy of this judgment.

The Original Petition is disposed of as above.

Sd/-

V.G.ARUN, JUDGE smm O.P(Crl) No.43 of 2023

APPENDIX OF OP(CRL.) 43/2023

PETITIONER EXHIBITS

Exhibit P1 A CERTIFIED COPY OF THE COMPLAINT FILE BEFORE THE JFCM-II MANANTHAVADY IN CMP NO.1796/2021 Exhibit P2 A CERTIFIED COPY OF THE PROCEEDING IN CMP NO.1796/2021 OF THE JFCM-II , MANATHAVADY