Roshin Jose Kunjavara vs State Of Kerala
2023 Latest Caselaw 10820 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                       CRL.MC NO. 7518 OF 2023
 AGAINST THE ORDER/JUDGMENT IN CC 80/2019 OF JUDICIAL FIRST CLASS
                      MAGISTRATE COURT, ANGAMALY
PETITIONER/ACCUSED:

          ROSHIN JOSE KUNJAVARA
          AGED 42 YEARS
          S/O KUNJAVARA, CHIRAKKAL MANAVALAN HOUSE, OPPOSITE
          KERALA PHARMACY NEDUMBASSERY.P.O, PIN - 683585

          BY ADVS.
          PRAVEEN K. JOY
          E.S.SANEEJ
          T.A.JOY
          M.P.UNNIKRISHNAN
          N.ABHILASH
          DEEPU RAJAGOPAL
          ARDRA ANIL
          ABISHA.E.R
          FATHIMA SHALU S.
          ALBIN VARGHESE
          ANUPAMA NAIR


RESPONDENTS/STATE/COMPLAINANT:
     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           PIN - 682031

    2     M.V. THOMAS
          AGED 58 YEARS
          S/O VARKEY, MUNDADAN HOUSE A.J NAGAR, ANGAMALY, PIN -
          683572


OTHER PRESENT:

          SRI.RENJITH.T.R, PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC No.7518 of 2023
                                   2

                    P.V.KUNHIKRISHNAN
               ---------------------
                    CRL.MC No.7518 of 2023
            ---------------------------
             Dated this the 19th day of October, 2023

                               ORDER

This Crl.MC is filed with the following prayer:-

"to call for the records leading to CC No.80/2019 of the Judicial First Class Magistrate Court, Angamaly and quash Annexure-1 complaint and proceedings in CC No.80/2019 of Judicial First Class Magistrate Court, Angamaly by allowing this Criminal Miscellaneous Case, in the interest of Justice." (SIC)

2. After hearing the counsel for the petitioner for

some time, this Court directed the Registry to get a report

from the Judicial First Class Magistrate Court, Angamaly

about the time required to dispose C.C.No.80/2019. A report

is submitted by the learned Magistrate. It will be better to

extract the relevant portion of the same, which reads as

follows:-

"4. On 15.09.23, accused was absent and there was no representation on his behalf and a bailable warrant was issued and on 17.10.23, accused was represented by his counsel and the bailable warrant was recalled considering that accused entered appearance through his counsel and on that day, the learned counsel for the accused stated no further defence evidence and hence defence evidence was CRL.MC No.7518 of 2023

closed and now posted for hearing to 25.10.23.

5. I may respectfully submit that, if both sides ready for hearing on De 25.10.23 itself, the case can be disposed in this month itself, before 31.10.2023. I may further submit that, if due to some inconvenience of the learned counsels of both parties, or due to some other inconvenience, if hearing is not possible on 25.10.23 or if any of the parties comes with any other application, some more time will be required to dispose the case. Hence I may submit that, in these circumstances, one month time may kindly be granted to dispose the case."

From the above report, it is clear that the learned

Magistrate is ready to dispose the matter within one month.

If that is the case, this Crl.MC is disposed of directing the

Judicial First Class Magistrate Court, Angamaly to dispose

C.C.No.80/2019 as expeditiously as possible, at any rate,

within one month from the date of receipt of a certified

copy of this order. If any application is filed for dispensing

the personal appearance of the petitioner during the

hearing days, the learned Magistrate will consider the same

and pass appropriate orders in it taking a lenient view.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng CRL.MC No.7518 of 2023

APPENDIX OF CRL.MC 7518/2023

PETITIONER ANNEXURES

Annexure 1 CERTIFIED COPY OF THE COMPLAINT WITH UNNUMBERED CRL.MP FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALUVA DATED 01.02.2014

Annexure 2 TRUE COPY OF THE CHEQUE BEARING NO.

633105 DATED 14.11.2013

Annexure 3 TRUE COPY OF THE LAWYER NOTICE DATED 09.01.2014

Annexure 4 TRUE COPY OF THE REPLY NOTICE DATED 17.01.2014

Annexure 5 TRUE COPY OF THE CHEQUE RETURN MEMO OF CHEQUE BEARING NO. 633105 DATED 23.12.2013 OF CATHOLIC SYRIAN BANK LTD

Annexure 6 TRUE COPY OF THE LIST OF WITNESS DATED 15.10.2022 FILED BEFORE JUDICIAL MAGISTRATE COURT ANGAMALY

Annexure 7 TRUE COPY OF THE STATEMENT OF PW2 DATED 18.11.2022 BEFORE JUDICIAL MAGISTRATE COURT ANGAMALY

Annexure 8 TRUE COPY OF CHEQUE RETURN MEMO PRODUCED BY THE CSB BANK LTD ANGAMALY DATED 18.11.2022

Annexure 9 TRUE COPY OF LETTER MENTIONING THE ACCOUNTS DETAILS PRODUCED BY THE KOTAK MAHINDRA BANK DATED 18-11-2022 AS PER COURT DIRECTION IN CC NO.80/2019

Annexure 10 TRUE COPY OF PROOF AFFIDAVIT WITHOUT ANNEXURES FILED BY THE COMPLAINANT IN CC 1809/2015 (NEW NUMBER- CC 80/2019- JFCM, ANGAMALY) BEFORE JFCM, ERNAKULAM DATED 18/07/2018