Kerala High Court
Jaimon Joseph vs The National Commodity & Derivatives ... on 3 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 4696 OF 2018 1
2024:KER:73565
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 4696 OF 2018
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.602 OF 2018 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONER/S:
JAIMON JOSEPH
AGED 49 YEARS
AGED 49 YEARS,S/O.LATE JOSEPH,JMJ
TRADERS,KOOTTUMALAKUNNEL
HOUSE,MANJOOR.P.O,KURUPPANTHARA,KOTTAYAM-686603.
BY ADVS.
SRI.NIREESH MATHEW
SRI.C.C.THOMAS SR.
RESPONDENT/S:
1 THE NATIONAL COMMODITY & DERIVATIVES EXCHANGE LTD.
501,LANDMARK ENCLAVE,S.A.ROAD,VALANJAMBALAM,KOCHI-
682016, AND HAVING ITS REGISTERED OFFICE AT ACKRUTI
CORPORATE PARK,LBS ROAD,KANJUR MARG(W),MUMBAI-
400078,REPRESENTED BY ITS AUTHORISED
OFFICER,MR.SURESH NAIR,SR.VICE PRESIDENT-LEGAL.
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM,KOCHI-682031.
BY ADVS.
SRI.MADHU RADHAKRISHNAN
SRI.NELSON JOSEPH
SRI.M.D.JOSEPH
OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4696 OF 2018 2
2024:KER:73565
P.V.KUNHIKRISHNAN, J
--------------------------------------
Crl.M.C. No. 4696 of 2018
--------------------------------------
Dated this the 3rd day of October, 2024
ORDER
This Criminal Miscellaneous case is filed with
following prayers :
"...pass an order quashing Annexure A complaint and all its
further proceedings in CC No.602/2018 on the file of the
Addl. Chief Judl. Magistrate Court (Economic Offences),
Ernakulam by allowing the above Crl.M.C." [sic]
2. The counsel for the 1st respondent submitted
that the 1st respondent is ready to withdraw the complaint and
because of the stay in this case, the learned Magistrate is not
permitting the same. If that is the case, I think this Criminal
Miscellaneous case can be closed and the 1 st respondent can
file appropriate application before the trial court under
Sec.257 Cr.P.C. for withdrawing the complaint.
Therefore, this Criminal Miscellaneous case is closed.
2024:KER:73565
Registry will forward a copy of this order to the trial
court forthwith.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
2024:KER:73565
PETITIONER ANNEXURES
ANNEXURE-A: CERTIFIED COPY OF THE COMPLAINT DATED
28.10.2016 PENDING BEFORE THE ADDL.CHIEF
JUDICIAL MAGISTRATE COURT(ECONOMIC
OFFENCES), ERNAKULAM.
ANNEXURE-B: TRUE COPY OF THE ORDER DATED 7.8.2013 OF
THE COMMISSIONER OF FOOD SAFETY AND
STANDARDS,TRIVANDRUM.
ANNEXURE-C: TRUE COPY OF W.P(C)NO.29757/2013 FILED BY
THE 1ST RESPONDENT BEFORE THIS HON'BLE
COURT
ANNEXURE-D; TRUE COPY OF THE ORDER DATED 28.08.2014
IN I.A.NO.11614/2014 IN
W.P(C)NO.3781/2014 AND CONNECTED CASES
ANNEXURE-E; TRUE COPY OF ONE OF THE ORDER DATED
16.6.2015 OF THE COMMISSIONER OF FOOD
SAFETY.
ANNEXURE-F: TRUE COPY OF THE CONTRACT SPECIFICATIONS
OF PEPPER OF THE 1ST RESPONDENT AS ON
NOVEMBER 2012.
ANNEXURE-G; TRUE COPY OF THE CONTRACT SPECIFICATIONS
OF PEPPER.
ANNEXURE-H: TRUE COPY OF THE LETTE DATED 26.11.2014
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
ANNEXURE-I: TRUE COPY OF THE REPLY DATED 11.12.2014
GIVEN BY THE PETITIONER TO THE 1ST
RESPONDENT
ANNEXURE-J: TRUE COPY OF THE SALE DETAILS PREPARED BY
THE PETITIONER.
