Kerala High Court
T.K. Subhash Kumar @ Deepak vs Bijo Issac on 28 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
OP(C) NO. 1660 OF 2023
AGAINST THE ORDER IN I.A.NO.8/2023, I.A.NO.9/2023 AND
I.A.NO.10/2023 IN OS NO.18 OF 2017 OF ASSISTANT SESSIONS
COURT/SUB COURT/COMMERCIAL COURT, CHAVAKKAD
PETITIONER/RESPONDENT/DEFENDANT:
T.K. SUBHASH KUMAR @ DEEPAK
AGED 45 YEARS
S/O. KUTTAN THERUPARAMBIL HOUSE, WEST MANGAD P.O.
KUNNAMKULAM, GURUVAYUR THRISSUR, PIN - 680542
BY ADVS.
C.G.PREETHA
N.G.ANITHA
DR.ABHILASH O.U.
RESPONDENT/PETITIONER/PLAINTIFF:
BIJO ISSAC
AGED 47 YEARS
S/O. LATE T.C. ISSAC THALAKKOTTUKARA HOUSE
MAROTTICHODU, EDAPPALLY.P.O. ERNAKULAM,
PIN - 682014
BY ADVS.
R. BINDU (SASTHAMANGALAM)
G.RAJAGOPAL (KUMMANAM)(K/3520/1999)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1660 OF 2023
2
JUDGMENT
Exhibit P10 common order passed by the Sub Court, Chavakkad
(for short, 'trial court') is under challenge in this original petition.
2. The petitioner is the defendant and the respondent is the
plaintiff in O.S.No.18 of 2017 pending on the files of the trial court.
The suit is one filed for recovery of money based on a cheque. A
criminal case between the same parties as C.C.No.585 of 2015 filed
under Section 138 of the Negotiable Instruments Act, in respect of the
same transaction was also pending, before the Magistrate Court. It is
submitted that the said criminal case ended up in conviction of the
petitioner herein.
3. After the evidence is over, the respondent/plaintiff filed
three applications as Exts.P4, P5 and P6. Ext.P4 is to reopen the
evidence. Ext.P5 is filed to recall the plaintiff, who was examined as
PW1, and Ext.P6 is filed to grant leave to the plaintiff to produce the
documents. The defendant/petitioner opposed the applications and
filed Exts.P7 to P9 objection statements. The trial court after hearing
OP(C) NO. 1660 OF 2023
both sides allowed Ext.P4 to P6 as per Ext.P10 order. Challenging the
said order, the petitioner has approached this Court.
4. Heard both sides.
5. The learned counsel for the petitioner submitted that the
application for re-opening has been filed at the fag end of the trial
essentially to produce a judgment between the parties in a criminal
case. The learned counsel further submitted that the judgement in a
criminal proceedings is not binding on civil court. It is not in dispute
that it is in respect of the same transaction, C.C.No.585 of 2015 has
been instituted. The question whether the judgement in C.C.No.585 of
2015 will bind the civil court or not is a matter to be decided by the trial
court. According to the respondent, by producing the judgement in
C.C.No.585 of 2015, he wants to bring to the notice of the Court the
inconsistent stand taken by the petitioner in the criminal case. The
other documents produced are the written statement in O.S.No.19 of
2015 pending on the files of Sub Court, Perumbavoor, the letter issued
by the IDBI Bank to the Crime Branch, stop payment instruction given
by the accused and the report from the forensic lab. The trial court
OP(C) NO. 1660 OF 2023
found that those documents are also necessary to prove the case set up
by the respondent. I find no illegality or impropriety in the impugned
order. Accordingly, this original petition is dismissed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
OP(C) NO. 1660 OF 2023
APPENDIX OF OP(C) 1660/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S.NO 18
OF 2017 ON THE FILE OF HON'BLE SUB COURT,
CHAVAKKAD FILED BY THE RESPONDENT DATED
03.03.2017
EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT IN
O.S.NO 18 OF 2017 ON THE FILE OF THE
HON'BLE SUB COURT, CHAVAKKAD FILED BY THE
PETITIONER DATED 14.06.2018
EXHIBIT P3 THE TRUE COPY OF THE JUDGMENT IN O.P.
(C.)NO 645 OF 2021 PASSED BY THIS HON'BLE
COURT DATED 05.01.2023
EXHIBIT P4 THE TRUE COPY OF THE PETITION IN I.A.NO 8
OF 2023 IN O.S.NO 18 OF 2017 ON THE FILE
OF THE HON'BLE SUB COURT, CHAVAKKAD FILED
BY THE RESPONDENT DATED 16.03.2023
EXHIBIT P5 THE TRUE COPY OF THE PETITION IN I.A.NO 9
OF 2023 IN O.S.NO 18 OF 2017 ON THE FILE
OF THE HON'BLE SUB COURT, CHAVAKKAD FILED
BY THE RESPONDENT DATED 16.03.2023
EXHIBIT P6 THE TRUE COPY OF THE PETITION IN I.A.NO
10 OF 2023 IN O.S.NO 18 OF 2017 ON THE
FILE OF THE HON'BLE SUB COURT, CHAVAKKAD
FILED BY THE RESPONDENT DATED 16.03.2023
EXHIBIT P7 THE TRUE COPY OF THE OBJECTION IN I.A.NO
8 OF 2023 IN O.S.NO 18 OF 2017 ON THE
FILE OF THE HON'BLE SUB COURT, CHAVAKKAD
FILED BY THE PETITIONER DATED 20.03.2023
EXHIBIT P8 THE TRUE COPY OF THE OBJECTION IN I.A.NO
9 OF 2023 IN O.S.NO 18 OF 2017 ON THE
OP(C) NO. 1660 OF 2023
FILE OF THE HON'BLE SUB COURT, CHAVAKKAD
FILED BY THE PETITIONER DATED 20.03.2023
EXHIBIT P9 THE TRUE COPY OF THE OBJECTION IN I.A.NO
10 OF 2023 IN O.S.NO 18 OF 2017 ON THE
FILE OF THE HON'BLE SUB COURT, CHAVAKKAD
DATED 20.03.2023
EXHIBIT P10 THE TRUE COPY OF THE COMMON ORDER IN
I.A.NO 8 OF 2023, I.A.NO 9 OF 2023 AND
I.A.NO 10 OF 2023 IN O.S.NO 18 OF 2017
PASSED BY THE HON'BLE SUB COURT,
CHAVAKKAD DATED 21.06.2023
