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Santhosh.K.S vs State Of Kerala
2024 Latest Caselaw 28068 Ker

Citation : 2024 Latest Caselaw 28068 Ker
Judgement Date : 24 September, 2024

Kerala High Court

Santhosh.K.S vs State Of Kerala on 24 September, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

Crl.M.C No.6977/24 & Conn. Cases      1

                                                        2024:KER:71521
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

             THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

      TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                            CRL.MC NO. 6977 OF 2024

           AGAINST ST NO.18 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST

                               CLASS-II,THODUPUZHA

PETITIONER/ACCUSED:

              SANTHOSH.K.S.
              AGED 50 YEARS, S/O SUDHAN,
              KOCHUPARAMBIL HOUSE,
              BALAGRAM.P.O., BALAGRAM,
              UDUMBANCHOLA TALUK,
              IDUKKI DISTRICT, PIN - 685552


              BY ADVS.
              SRI.VARGHESE C.KURIAKOSE
              SMT.AMRITHA.J
              SRI.KURUVILLA MATHEW
              SRI.VIPIN C. VARGHESE




RESPONDENTS/STATE/COMPLAINANT:



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

      2       M/S SREE GOKULAM CHIT AND FINANCE COMPANY (P) LTD.,
              ARCOT ROAD, KODAMBAKKAM,
              CHENNAI,
              REP. BY POWER OF ATTORNEY HOLDER JOMY M.C.
              S/O CHACKO,
              SENIOR BUSINESS MANAGER,
              THODUPUZHA BRANCH, PIN - 685584
 Crl.M.C No.6977/24 & Conn. Cases   2

                                                    2024:KER:71521

              SMT.SREEJA V., PUBLIC PROSECUTOR




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.09.2024, ALONG WITH Crl.MC NOS.7204/2024, 7225/2024, 7240/2024,
7263/2024, 7349/2024 & 7370/2024, THE COURT ON 24.09.2024 PASSED
THE FOLLOWING:
 Crl.M.C No.6977/24 & Conn. Cases      3

                                                        2024:KER:71521

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

      TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                            CRL.MC NO. 7204 OF 2024

          CRIME NO.589/2018 OF Kattappana Police Station, Idukki

           AGAINST ST NO.181 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST

                               CLASS-II,THODUPUZHA

PETITIONER/ACCUSED:

              SANTHOSH.K.S.
              AGED 50 YEARS, S/O SUDHAN,
              KOCHUPARAMBIL HOUSE,
              BALAGRAM.P.O., BALAGRAM,
              UDUMBANCHOLA TALUK,
              IDUKKI DISTRICT, PIN - 685552


              BY ADV VARGHESE C.KURIAKOSE
RESPONDENTS/STATE/COMPLAINANT:

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

      2       M/S SREE GOKULAM CHIT AND FINANCE COMPANY (P) LTD.,
              ARCOT ROAD, KODAMBAKKAM,
              CHENNAI,
              REP. BY POWER OF ATTORNEY HOLDER JOMY M.C.
              S/O CHACKO, SENIOR BUSINESS MANAGER,
              THODUPUZHA BRANCH, PIN - 685584

              SRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.09.2024, ALONG WITH Crl.MC NO.6977/2024 AND CONNECTED CASES,
THE COURT ON 24.09.2024 PASSED THE FOLLOWING:
 Crl.M.C No.6977/24 & Conn. Cases      4

                                                        2024:KER:71521
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

      TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                            CRL.MC NO. 7225 OF 2024

          CRIME NO.589/2018 OF Kattappana Police Station, Idukki

           AGAINST ST NO.39 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST

                               CLASS-II,THODUPUZHA

PETITIONER/ACCUSED:

              SANTHOSH.K.S
              AGED 50 YEARS, S/O SUDHAN,
              KOCHUPARAMBIL HOUSE,
              BALAGRAM.P.O., BALAGRAM,
              UDUMBANCHOLA TALUK,
              IDUKKI DISTRICT, PIN - 685552


              BY ADV VARGHESE C.KURIAKOSE
RESPONDENTS/STATE/COMPLAINANT:

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

      2       M/S SREE GOKULAM CHIT AND FINANCE COMPANY (P) LTD.,
              ARCOT ROAD, KODAMBAKKAM,
              CHENNAI,
              REP. BY POWER OF ATTORNEY HOLDER JOMY M.C.
              S/O CHACKO,
              SENIOR BUSINESS MANAGER,
              THODUPUZHA BRANCH, PIN - 685584

              SRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.09.2024, ALONG WITH Crl.MC.NO.6977/2024 AND CONNECTED CASES,
THE COURT ON 24.09.2024 PASSED THE FOLLOWING:
 Crl.M.C No.6977/24 & Conn. Cases      5

                                                        2024:KER:71521

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

      TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                            CRL.MC NO. 7240 OF 2024

          CRIME NO.589/2018 OF Kattappana Police Station, Idukki

            AGAINST ST NO.2 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST

                               CLASS-II,THODUPUZHA

PETITIONER/ACCUSED:

              SANTHOSH.K.S.
              AGED 50 YEARS, S/O SUDHAN,
              KOCHUPARAMBIL HOUSE,
              BALAGRAM.P.O., BALAGRAM,
              UDUMBANCHOLA TALUK,
              IDUKKI DISTRICT, PIN - 685552


              BY ADVS.
              SRI.VARGHESE C.KURIAKOSE
              SMT.AMRITHA.J
              SRI.KURUVILLA MATHEW
              SRI.VIPIN C. VARGHESE




RESPONDENTS/STATE/COMPLAINANT:

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

      2       M/S SREE GOKULAM CHIT AND FINANCE COMPANY (P) LTD.,
              ARCOT ROAD, KODAMBAKKAM,
              CHENNAI,
              REP. BY POWER OF ATTORNEY HOLDER JOMY M.C.
              S/O CHACKO,
              SENIOR BUSINESS MANAGER,
              THODUPUZHA BRANCH, PIN - 685584
 Crl.M.C No.6977/24 & Conn. Cases   6

                                                 2024:KER:71521

              SMT.SREEJA V., PUBLIC PROSECUTOR



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.09.2024, ALONG WITH Crl.MC.NO.6977/2024 AND CONNECTED CASES,
THE COURT ON 24.09.2024 PASSED THE FOLLOWING:
 Crl.M.C No.6977/24 & Conn. Cases      7

                                                        2024:KER:71521
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

      TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                            CRL.MC NO. 7263 OF 2024

          CRIME NO.589/2018 OF Kattappana Police Station, Idukki

           AGAINST ST NO.38 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST

                               CLASS-II,THODUPUZHA

PETITIONER/ACCUSED:

              SANTHOSH.K.S
              AGED 50 YEARS, S/O SUDHAN,
              KOCHUPARAMBIL HOUSE,
              BALAGRAM.P.O., BALAGRAM,
              UDUMBANCHOLA TALUK,
              IDUKKI DISTRICT, PIN - 685552


              BY ADV VARGHESE C.KURIAKOSE
RESPONDENTS/STATE/COMPLAINANT:

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

      2       M/S SREE GOKULAM CHIT AND FINANCE COMPANY (P) LTD.,
              ARCOT ROAD, KODAMBAKKAM,
              CHENNAI,
              REP. BY POWER OF ATTORNEY HOLDER JOMY M.C.
              S/O CHACKO,
              SENIOR BUSINESS MANAGER,
              THODUPUZHA BRANCH, PIN - 685584

              SRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.09.2024, ALONG WITH Crl.MC.NO.6977/2024 AND CONNECTED CASES,
THE COURT ON 24.09.2024 PASSED THE FOLLOWING:
 Crl.M.C No.6977/24 & Conn. Cases      8

                                                        2024:KER:71521

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

      TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                            CRL.MC NO. 7349 OF 2024

          CRIME NO.589/2018 of Kattappana Police Station, Idukki

           AGAINST ST NO.31 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST

                               CLASS-II,THODUPUZHA

PETITIONER/ACCUSED:

              SANTHOSH.K.S.
              AGED 50 YEARS, S/O SUDHAN,
              KOCHUPARAMBIL HOUSE,
              BALAGRAM.P.O., BALAGRAM,
              UDUMBANCHOLA TALUK,
              IDUKKI DISTRICT, PIN - 685552

              BY ADV VARGHESE C.KURIAKOSE
RESPONDENTS/STATE/COMPLAINANT:

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

      2       M/S SREE GOKULAM CHIT AND FINANCE COMPANY (P) LTD.,
              ARCOT ROAD, KODAMBAKKAM,
              CHENNAI,
              REP. BY POWER OF ATTORNEY HOLDER JOMY M.C.
              S/O CHACKO,
              SENIOR BUSINESS MANAGER,
              THODUPUZHA BRANCH, PIN - 685584

              SMT.SREEJA V., PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.09.2024, ALONG WITH Crl.MC.NO.6977/2024 AND CONNECTED CASES,
THE COURT ON 24.09.2024 PASSED THE FOLLOWING:
 Crl.M.C No.6977/24 & Conn. Cases      9

                                                        2024:KER:71521

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

      TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                            CRL.MC NO. 7370 OF 2024

          CRIME NO.589/2018 OF Kattappana Police Station, Idukki

           AGAINST ST NO.180 OF 2016 OF JUDICIAL MAGISTRATE OF FIRST

                               CLASS-II,THODUPUZHA

PETITIONER/ACCUSED:

              SANTHOSH.K.S.
              AGED 50 YEARS, S/O SUDHAN,
              KOCHUPARAMBIL HOUSE,
              BALAGRAM.P.O., BALAGRAM,
              UDUMBANCHOLA TALUK,
              IDUKKI DISTRICT, PIN - 685552

              BY ADV VARGHESE C.KURIAKOSE
RESPONDENTS/STATE/COMPLAINANT:

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

      2       M/S SREE GOKULAM CHIT AND FINANCE COMPANY (P) LTD.,
              ARCOT ROAD, KODAMBAKKAM,
              CHENNAI,
              REP. BY POWER OF ATTORNEY HOLDER JOMY M.C.
              S/O CHACKO,
              SENIOR BUSINESS MANAGER,
              THODUPUZHA BRANCH, PIN - 685584

              SMT.SREEJA V., PUBLIC PROSECUTOR


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.09.2024, ALONG WITH Crl.MC.NO.6977/2024 AND CONNECTED CASES,
THE COURT ON 24.09.2024 PASSED THE FOLLOWING:
 Crl.M.C No.6977/24 & Conn. Cases           10

                                                                          2024:KER:71521
                                                                              "C.R."


                        BECHU KURIAN THOMAS, J
                     --------------------------------------------------
                      Crl.M.C.No. 6977, 7204, 7225, 7240,
                         7263, 7349 & 7370 of 2024
                   ----------------------------------------------------
                   Dated this the 24th day of September, 2024

                                        ORDER

Petitioner is an accused in seven different complaints filed under

Section 138 of the Negotiable Instruments Act, 1881 9for short 'NI Act'). In

these proceedings under section 528 of the Bharatiya Nagarik Suraksha

Sanhita, 2023 (for short 'BNSS'), he challenges three different orders issued by

the learned Magistrate separately, in all seven cases.

2. In all these cases, the petitioner challenges three orders. Annexure

A8 is an order dated 17-02-2024 dismissing petitioner's application for sending

the cheque to the Central Forensic Science Laboratory. Annexure A14 is an

order dated 24-07-2024 dismissing petitioner's application to summon a

private person under Section 348 of the BNSS and to mark documents, while

Annexure A16 is an order dated 12-06-2024 dismissing petitioner's application

to issue summons to the complainant to produce documents allegedly in his

custody. As the impugned orders are issued in cases arising between the same

parties and all of them were issued, though separately, but on the same dates

and since the issues raised are also identical, these cases are disposed of by

this common order.

3. S.T. No.18/2016, S.T. No.181/2016, S.T. No.39/2016, S.T.

2024:KER:71521 No.02/2016, S.T. No.38/2016, S.T. No.31/2016 and S.T. No.180/2016

pending before the Judicial First Class Magistrate Court-II, Thodupuzha are the

complaints filed by the second respondent alleging the offence under section

138 of the NI Act committed by the petitioner. According to the complainant,

petitioner had joined various chitties with the defacto complainant and after

the chitties were priced and disbursed to him, he defaulted in repaying the

amounts. Subsequently in repayment of the defaulted amounts, petitioner

issued cheques, which, when presented for encashment, returned dishonoured

for the reason 'funds insufficient'. Despite the issuance of statutory notices,

there was no response from the accused and hence the complaints were filed.

4. Since the accused denied the signature on all the cheques and

contended that they were forged by the complainant and its staff, an

application was filed on 09.09.2021 for sending the cheque for forensic

examination. Though the applications were initially dismissed, subsequently, in

Crl.M.C No.4371 of 2021 and connected cases, this Court directed the cheques

to be sent for forensic examination. The Forensic Science Laboratory Kerala, by

its report opined that the signatures on all the disputed cheques belonged to

the accused himself

5. Being dissatisfied with the report from the Forensic Science

Laboratory, petitioner filed an application to send the cheque for examination

to the Central Forensic Science Laboratory. By the first of the impugned order

dated 17.02.2024, (Annexure A8) the said application was dismissed. While so,

the trial commenced and the examination of the complainant in all the cases

was completed. A list of four witnesses was filed by the accused of which

2024:KER:71521 three of them were the Managing Director, Director and Manager of the

complainant. In the meantime, petitioner is purported to have obtained an

opinion about the signature on the cheque from a private expert by name

Mr. Khan Sahib. Thereafter, an additional list of witnesses was filed including

the Branch Manager of the complainant as well as the private handwriting

expert. Though the petitioner sought for issuance of summons to all the

witnesses mentioned in Annexure A12, the learned Magistrate issued summons

only to two of the three witnesses mentioned in Annexure A12. Petitioner filed

another application seeking a direction to the complainant to produce certain

documents like the original chit agreement, copy of the chit agreement and

copy of balance sheets filed before the Registrar of Companies. The learned

Magistrate by the impugned orders dismissed all three applications. Aggrieved

by the above dismissals, these petitions under Section 528 BNSS have been

preferred.

6. I have heard Sri. Varghese C. Kuriakose, the learned counsel for

the petitioner as well as Smt. Sreeja V and Sri.C.N.Prabhakaran, the learned

Public Prosecutors.

7. The proceedings under Section 138 of the NI Act relate to a

transaction that took place in the year 2013. Despite issuing the statutory

notices, the accused failed to reply and hence the complaints were filed in the

year 2014. The complainant filed civil suits as well as criminal complaints. In

2021, the accused prayed for sending the cheques for forensic examination.

Though the Magistrate dismissed those applications, subsequently, this Court

directed all the cheques to be forwarded to the Forensic Science Laboratory of

2024:KER:71521 the Government of Kerala as per order dated 15-03-2022 in Crl.M.C No.

4365/2021 and connected cases. However, the report from the FSL affirmed

that the signature on the cheques belonged to the accused. Dissatisfied with

the report, petitioner sought a direction to send the cheque for examination to

Central Forensic Science Laboratory, which was dismissed by Annexure A8

order dated 17.02.2024. The said order was not challenged until this petition.

8. In the meantime, petitioner is purported to have approached a

private handwriting expert and obtained a report. He wants to examine the

said witness through the process of court by issuing summons to him. The

court declined to issue summons to the private handwriting expert and also

dismissed the application for production of certain documents.

9. In the impugned Annexure A8 order dated 17.12.2024, the learned

Magistrate has specifically mentioned that the expert who compared the

signatures and prepared the Forensic Reports has not been examined by the

accused as a witness. Without examining the said expert and analysing the

opinion given by him, there is no bonafides in filing a petition to send the

cheques to the Central Forensic Science Laboratory. The accused is stated to

have been protracting the matter for the last several years under one pretext

or the other. After obtaining an adverse report from the State Forensic Science

Laboratory, it is not open for an accused to keep on demanding that the

disputed signature be sent to another laboratory. As rightly observed by the

learned Magistrate, the opinion of a handwriting expert is not substantive

evidence and the ultimate decision is that of the court. The petitioner is always

at liberty to adduce appropriate evidence to prove that the signature did not

2024:KER:71521 belong to him. The learned Magistrate came to the conclusion that without

examining the expert from the State Forensic Science Laboratory, who gave a

report pursuant to the direction of the court, sending the cheque to the Central

Forensic Science Laboratory is only an attempt to delay the trial further. The

said finding of the learned Magistrate cannot be said to be perverse in the

circumstances of the case, warranting interference of this Court.

10. Section 45 of the Indian Evidence Act, 1872, which deals with

opinion of experts, states that when the Court has to form an opinion as to the

identity of handwriting, the opinion of persons specially skilled in such matters

are relevant facts. The views expressed by an expert is not conclusive and is,

on the other hand, only an opinion. The parties are free to let in evidence

challenging its correctness and the Court is the ultimate arbiter to arrive at its

own conclusions on the basis of evidence on record. The evidentiary value of

the opinion of an expert depends upon the reasons given by him in his report.

When direct evidence is forthcoming, even in respect of those aspects spoken

to by an expert, the Court is not precluded from acting on such direct

evidence, disregarding even the report of an expert.

11. The value of an expert's opinion should be adjudged in the same

way as the evidence of any other witness and the reasons given by the expert

in forming the opinion are always open to scrutiny and its soundness has to be

tested in the light of the reasons given. In the decision in Koragan v. Koran

[1978 KLT 872] it has been observed that it is always open to the opposite

party to place materials in the form of cross-examination of the expert himself

or other counter-evidence before the Court to shake the foundation on which

2024:KER:71521 an expert opinion is formed. The counter-evidence may be the opinion of

another person who is equally an expert in the matter.

12. However, once a report was elicited from an expert through the

process of court, it is not open for a party, that too in a private complaint

under section 138 of the NI Act, to keep using the process of the court to

obtain another report, without even setting aside the first report. Repeated

references to experts through court, for their opinion, when the report already

obtained is unfavourable, is not a legally acceptable procedure to be resorted

to in a trial. Otherwise, there will be no end to such requests and it can even

lead to an unending process with repeated requests. In this context it is

relevant to refer to the decision of the Andhra Pradesh High Court in

R. Bhaskar Reddy v.Chinni @ Chengal Reddy [(1998) 3 ALD 113], wherein

it was held that a party cannot seek an opinion from another expert when the

earlier report was not favourable to him. Therefore the challenge against

Annexure A8 orders in all these cases fail.

13. In Annexure A14, while declining to issue notice to the private

expert, the learned Magistrate has observed that the report of the expert not

being substantive evidence, it is not necessary to issue summons. Reliance

was placed upon the judgment of the High Court of Jharkhand in Chethan

Sharma v. State of Jharkhand (Crl.M.P. No.2764/2023). Though the court

should be circumspect while appreciating the evidentiary value of a report

obtained without the intervention of the court, there is no restriction in

obtaining such a report. However, when such a report is obtained from a

private expert without the intervention of the Court, and that too when the

2024:KER:71521 originals of the cheques in question are in the custody of the Court, the party

who obtained such a report cannot insist that the Court should issue summons

to such a private witness. Nothing prevented the petitioner from examining the

said witness on his behalf especially since that person's report was obtained by

the petitioner without the intervention of the court. Private witnesses can

certainly be brought in by parties to the litigation.

14. The decision in Muhammed Sahir v. State of Kerala [(2024) 4

KHC 449] referred to by the learned Counsel for the petitioner does not apply

to the facts of the present case. The witnesses in Muhammed Sahir's case

(supra) were Officials of the Government department. Further, in the instant

case, the attempt is only vexatious and to delay the proceedings. In such a

scenario, the learned Magistrate was justified in declining to issue summons to

a private witness of the petitioner. Having regard to the above circumstances

and the reasons stated by the learned Magistrate, I do not find any cause to

interfere with Annexure A14 orders in all these cases, as well.

15. Even as regards Annexure A16 order, declining to issue

directions for production of documents, the learned Magistrate has specifically

mentioned that the attempt of the petitioner is to question what has already

been admitted. The documents that are sought to be produced through the

application are documents relating to the chit transaction. The chit transaction

has been admitted by the petitioner and the defence taken is one of discharge

of liability. To prove discharge of liability, the documents that are sought to be

produced have no bearing especially since the accused has admitted receiving

money pursuant to the chit transaction. Therefore Annexure A16 orders also

2024:KER:71521 do not require any interference.

16. Thus all the impugned orders are well considered and the reasons

given are legally tenable too. The orders therefore do not warrant any

interference.

17. Of late, courts have been witnessing attempts to delay the

conclusion of trials especially in cases arising under section 138 of the N.I Act.

One of the easiest ways to protract such proceedings is to request the cheque

to be sent for expert opinion. Though bonafide applications ought not to be

rejected on the grounds of delay, when the court is satisfied that an application

is vexatious or intended to delay the proceedings, certainly the trial court is

entitled to reject such applications instead of meekly and blindly accepting the

request for sending the cheque for forensic examination. The circumstances

arising in each case ought to be appreciated by the trial court while arriving at

such a conclusion. Reference in this context to the decision in Francis

v.Pradeep [(2004) 2 KLT 1080] and Reacon Engineers v. Kalyani

Interiors and Others [(2019) 5 KHC 822] are relevant.

18. In the instant case, petitioner had admittedly joined the chitty

and had even received the chit amount. No reply notice was concededly issued

after receipt of the statutory notice. It is quite explicit that the attempt of the

petitioner is to delay and protract the trail of the cases and the learned

Magistrate was justified in finding so. More than 10 years have elapsed and

the cause of the complainant would be seriously prejudiced apart from

stultifying the very object and purpose of the statute if the case is not disposed

of at the earliest.

2024:KER:71521

19. In such circumstances, while dismissing all these petitions, it is

observed that the learned Magistrate shall take every endeavour to dispose of

all the complaints pending as S.T. No.18/2016, S.T. No.181/2016,

S.T. No.39/2016, S.T. No.02/2016, S.T. No.38/2016, S.T. No.31/2016 and

S.T. No.180/2016 at the earliest, without further delay. The Registry of this

Court shall communicate this order to the learned Magistrate immediately.

All these petitions are dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE vps

2024:KER:71521

PETITIONER'S/S' ANNEXURES

Annexure A1 PHOTOCOPY OF COMPLAINT DATED 06.03.2014 SUBMITTED BY THE 2ND RESPONDENT BEFORE CHIEF JUDICIAL MAGISTRATE COURT THODUPUZHA.

Annexure A2 PHOTOSTAT COPY OF THE WRITTEN STATEMENT DATED 27.01.2015 FILED BY THE PETITIONER IN O.S.NO.52/2015 BEFORE SUB COURT, KATTAPPANA

Annexure A3 PHOTOSTAT COPY OF THE C.M.P. NO.434/2021 IN S.T.NO.18/2016 DATED 09.09.2021 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A4 PHOTOSTAT COPY OF THE COMMON ORDER DATED 15.03.2022 IN CRL.M.C. NO.4371/2021 AND CONNECTED MATTERS OF THIS HON'BLE COURT.

Annexure A5 PHOTOSTAT COPY OF THE COMMON REPORT DATED 28.10.2023 OBTAINED FROM THE FORENSIC SCIENCE LABORATORY, TRIVANDRUM IN S.T.NO.2/2016.

Annexure A6 PHOTOSTAT COPY OF THE APPLICATION DATED 15.12.2023 AS C.M.P.NO.1037/2023 IN S.T.NO.18/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A7 PHOTOSTAT COPY OF THE OBJECTION DATED 07.01.2024 FILED BY THE COMPLAINANT/2ND RESPONDENT IN C.M.P.NO.1037/2023 IN S.T.NO.18/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A8 PHOTOSTAT COPY OF THE ORDER DATED 17.02.2024 IN C.M.P.NO.1037/2023 IN S.T.NO.18/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A9 PHOTOSTAT COPY OF THE LIST OF WITNESSES DATED 29.05.2024 FILED BY THE PETITIONER IN S.T.NO.18/2016 ON THE FILES OF JFCM-II THODUPUZHA.

Annexure A10 PHOTOSTAT COPY OF THE DOWNLOADED PROCEEDINGS DATED 12.06.2024 FROM E-COURT SERVICES

2024:KER:71521 Annexure A11 PHOTOSTAT COPY OF THE REPORT DATED 09.07.2024 GIVEN BY KHAN SAHIB IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A12 PHOTOSTAT COPY OF THE ADDITIONAL LIST OF WITNESSES DATED 15.07.2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A13 PHOTOSTAT COPY OF THE APPLICATION DATED 15.07.2024 AS C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A14 PHOTOSTAT COPY OF THE ORDER DATED 24.07.2024 IN C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

Annexure A15 PHOTOSTAT COPY OF THE APPLICATION DATED 29.05.2024 AS C.M.P. NO.935/2024 IN S.T.NO.18/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A16 PHOTOSTAT COPY OF THE ORDER DATED 12.06.2024 IN C.M.P.NO.935/2024 IN S.T.NO.18/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

2024:KER:71521

PETITIONER'S/S' ANNEXURES

Annexure A1 PHOTOCOPY OF COMPLAINT DATED 06.03.2014 SUBMITTED BY THE 2ND RESPONDENT BEFORE CHIEF JUDICIAL MAGISTRATE COURT THODUPUZHA.

Annexure A2 PHOTOSTAT COPY OF THE WRITTEN STATEMENT DATED 27.01.2015 FILED BY THE PETITIONER IN O.S.NO.59/2015 BEFORE SUB COURT, KATTAPPANA.

Annexure A3 PHOTOSTAT COPY OF THE C.M.P. NO.435/2021 IN S.T.NO.181/2016 DATED 09.09.2021 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A4 PHOTOSTAT COPY OF THE COMMON ORDER DATED 15.03.2022 IN CRL.M.C. NO.4375/2021 AND CONNECTED MATTERS OF THIS HON'BLE COURT.

Annexure A5 PHOTOSTAT COPY OF THE COMMON REPORT DATED 28.10.2023 OBTAINED FROM THE FORENSIC SCIENCE LABORATORY, TRIVANDRUM IN S.T.NO.2/2016.

Annexure A6 PHOTOSTAT COPY OF THE APPLICATION DATED 15.12.2023 AS C.M.P.NO.1037/2023 IN S.T.NO.181/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A7 PHOTOSTAT COPY OF THE OBJECTION DATED 07.01.2024 FILED BY THE COMPLAINANT/2ND RESPONDENT IN C.M.P.NO.1037/2023 IN S.T.NO.181/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A8 PHOTOSTAT COPY OF THE ORDER DATED 17.02.2024 IN C.M.P.NO.1037/2023 IN S.T.NO.181/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A9 PHOTOSTAT COPY OF THE LIST OF WITNESSES DATED 29.05.2024 FILED BY THE PETITIONER IN S.T.NO.181/2016 ON THE FILES OF JFCM-II THODUPUZHA.

Annexure A10 PHOTOSTAT COPY OF THE DOWNLOADED PROCEEDINGS DATED 12.06.2024 FROM E-COURT SERVICES

2024:KER:71521 Annexure A11 PHOTOSTAT COPY OF THE REPORT DATED 09.07.2024 GIVEN BY KHAN SAHIB IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A12 PHOTOSTAT COPY OF THE ADDITIONAL LIST OF WITNESSES DATED 15.07.2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A13 PHOTOSTAT COPY OF THE APPLICATION DATED 15.07.2024 AS C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A14 PHOTOSTAT COPY OF THE ORDER DATED 24.07.2024 IN C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

Annexure A15 PHOTOSTAT COPY OF THE APPLICATION DATED 29.05.2024 AS C.M.P. NO.935/2024 IN S.T.NO.181/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A16 PHOTOSTAT COPY OF THE ORDER DATED 12.06.2024 IN C.M.P.NO.935/2024 IN S.T.NO.181/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

2024:KER:71521

PETITIONER'S/S' ANNEXURES

Annexure A1 PHOTOCOPY OF COMPLAINT DATED 06.03.2014 SUBMITTED BY THE 2ND RESPONDENT BEFORE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA.

Annexure A2 PHOTOSTAT COPY OF THE WRITTEN STATEMENT DATED 27.01.2015 FILED BY THE PETITIONER IN O.S.NO.61/2015 BEFORE SUB COURT, KATTAPPANA.

Annexure A3 PHOTOSTAT COPY OF THE C.M.P. NO.421/2021 IN S.T.NO.39/2016 DATED 09.09.2021 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A4 PHOTOSTAT COPY OF THE COMMON ORDER DATED 15.03.2022 IN CRL.M.C. NO.4381/2021 AND CONNECTED MATTERS OF THIS HON'BLE COURT.

Annexure A5 PHOTOSTAT COPY OF THE COMMON REPORT DATED 28.10.2023 OBTAINED FROM THE FORENSIC SCIENCE LABORATORY, TRIVANDRUM IN S.T.NO.2/2016.

Annexure A6 PHOTOSTAT COPY OF THE APPLICATION DATED 15.12.2023 AS C.M.P.NO.1036/2023 IN

Annexure A7 PHOTOSTAT COPY OF THE OBJECTION DATED 07.01.2024 FILED BY THE COMPLAINANT/2ND RESPONDENT IN C.M.P.NO.1036/2023 IN S.T.NO.39/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A8 PHOTOSTAT COPY OF THE ORDER DATED 17.02.2024 IN C.M.P.NO.1036/2023 IN S.T.NO.39/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A9 PHOTOSTAT COPY OF THE LIST OF WITNESSES DATED 29.05.2024 FILED BY THE PETITIONER IN S.T.NO.39/2016 ON THE FILES OF JFCM-II THODUPUZHA.

Annexure A10 PHOTOSTAT COPY OF THE DOWNLOADED PROCEEDINGS DATED 12.06.2024 FROM E-COURT SERVICES

2024:KER:71521

Annexure A11 PHOTOSTAT COPY OF THE REPORT DATED 09.07.2024 GIVEN BY KHAN SAHIB IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A12 PHOTOSTAT COPY OF THE ADDITIONAL LIST OF WITNESSES DATED 15.07.2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A13 PHOTOSTAT COPY OF THE APPLICATION DATED 15.07.2024 AS C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A14 PHOTOSTAT COPY OF THE ORDER DATED 24.07.2024 IN C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

Annexure A15 PHOTOSTAT COPY OF THE APPLICATION DATED 29.05.2024 AS C.M.P. NO.872/2024 IN S.T.NO.39/2016 ON THE FILES OF JFCM-II THODUPUZHA SUBMITTED BY THE PETITIONER

Annexure A16 PHOTOSTAT COPY OF THE ORDER DATED 12.06.2024 IN C.M.P.NO.872/2024 IN S.T.NO.39/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

2024:KER:71521

PETITIONER'S/S' ANNEXURES

Annexure A1 PHOTOCOPY OF COMPLAINT DATED 19.02.2014 SUBMITTED BY THE 2ND RESPONDENT BEFORE CHIEF JUDICIAL MAGISTRATE COURT THODUPUZHA.

Annexure A2 PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.NO.56/2015 BEFORE SUB COURT, KATTAPPANA.

Annexure A3 PHOTOSTAT COPY OF THE C.M.P. NO.422/2021 IN S.T.NO.2/2016 DATED 18.08.2021 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A4 PHOTOSTAT COPY OF THE COMMON ORDER DATED 15.03.2022 IN CRL.M.C. NO.4373/2021 AND CONNECTED MATTERS OF THIS HON'BLE COURT.

Annexure A5 PHOTOSTAT COPY OF THE COMMON REPORT DATED 28.10.2023 OBTAINED FROM THE FORENSIC SCIENCE LABORATORY, TRIVANDRUM IN S.T.NO.2/2016.

Annexure A6 PHOTOSTAT COPY OF THE APPLICATION DATED 15.12.2023 AS C.M.P.NO.1034/2023 IN

Annexure A7 PHOTOSTAT COPY OF THE OBJECTION DATED 07.01.2024 FILED BY THE COMPLAINANT/2ND RESPONDENT IN C.M.P.NO.1034/2023 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A8 PHOTOSTAT COPY OF THE ORDER DATED 17.02.202 IN C.M.P.NO.1034/2023 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A9 PHOTOSTAT COPY OF THE LIST OF WITNESSES DATED 29.05.2024 FILED BY THE PETITIONER IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA.

Annexure A10 PHOTOSTAT COPY OF THE DOWNLOADED PROCEEDINGS DATED 12.06.2024 FROM E-COURT SERVICES

2024:KER:71521

Annexure A11 PHOTOSTAT COPY OF THE REPORT DATED 09.07.2024 GIVEN BY KHAN SAHIB IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A12 PHOTOSTAT COPY OF THE ADDITIONAL LIST OF WITNESSES DATED 15.07.2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A13 PHOTOSTAT COPY OF THE APPLICATION DATED 15.07.2024 AS C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A14 PHOTOSTAT COPY OF THE ORDER DATED 24.07.2024 IN C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II, THODUPUZHA.


Annexure A15                PHOTOSTAT COPY OF THE APPLICATION DATED
                            29.05.2024    AS    C.M.P.    NO.871/2024    IN
                            S.T.NO.2/2016    ON  THE   FILES   OF   JFCM-II

THODUPUZHA SUBMITTED BY THE PETITIONER

Annexure A16 PHOTOSTAT COPY OF THE ORDER DATED 12.06.2024 IN C.M.P.NO.871/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

2024:KER:71521

PETITIONER'S/S' ANNEXURES

Annexure A1 PHOTOCOPY OF COMPLAINT DATED 20.02.2014 SUBMITTED BY THE 2ND RESPONDENT BEFORE CHIEF JUDICIAL MAGISTRATE COURT THODUPUZHA.

Annexure A2 PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.NO.58/2015 BEFORE SUB COURT, KATTAPPANA.

Annexure A3 PHOTOSTAT COPY OF THE C.M.P. NO.437/2021 IN S.T.NO.38/2016 DATED 14.09.2021 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A4 PHOTOSTAT COPY OF THE COMMON ORDER DATED 15.03.2022 IN CRL.M.C. NO.4380/2021 AND CONNECTED MATTERS OF THIS HON'BLE COURT.

Annexure A5 PHOTOSTAT COPY OF THE COMMON REPORT DATED 28.10.2023 OBTAINED FROM THE FORENSIC SCIENCE LABORATORY, TRIVANDRUM IN S.T.NO.2/2016.

Annexure A6 PHOTOSTAT COPY OF THE APPLICATION DATED 15.12.2023 AS C.M.P.NO.1040/2023 IN S.T.NO.38/2016 FILED BY THE PETITIONER

Annexure A7 PHOTOSTAT COPY OF THE OBJECTION DATED 07.01.2024 FILED BY THE COMPLAINANT/2ND RESPONDENT IN C.M.P.NO.1040/2023 IN S.T.NO.38/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A8 PHOTOSTAT COPY OF THE ORDER DATED 17.02.202 IN C.M.P.NO.1040/2023 IN S.T.NO.38/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A9 PHOTOSTAT COPY OF THE LIST OF WITNESSES DATED 29.05.2023 FILED BY THE PETITIONER IN S.T.NO.38/2016 ON THE FILES OF JFCM-II THODUPUZHA.

Annexure A10 PHOTOSTAT COPY OF THE DOWNLOADED PROCEEDINGS DATED 12.06.2024 FROM E-COURT SERVICES

2024:KER:71521

Annexure A11 PHOTOSTAT COPY OF THE REPORT DATED 09.07.2024 GIVEN BY KHAN SAHIB IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A12 PHOTOSTAT COPY OF THE ADDITIONAL LIST OF WITNESSES DATED 15.07.2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A13 PHOTOSTAT COPY OF THE APPLICATION DATED 15.07.2024 AS C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A14 PHOTOSTAT COPY OF THE ORDER DATED 24.07.2024 IN C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

Annexure A15 PHOTOSTAT COPY OF THE APPLICATION DATED 29.05.2024 AS C.M.P. NO.873/2024 IN S.T.NO.38/2016 ON THE FILES OF JFCM-II THODUPUZHA SUBMITTED BY THE PETITIONER

Annexure A16 PHOTOSTAT COPY OF THE ORDER DATED 12.06.2024 IN C.M.P.NO.873/2024 IN S.T.NO.38/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

2024:KER:71521

PETITIONER'S/S' ANNEXURES

Annexure A1 TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED 06.03.2014 SUBMITTED BY THE 2ND RESPONDENT BEFORE CHIEF JUDICIAL MAGISTRATE COURT THODUPUZHA.

Annexure A2 TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT DATED 27.01.2015 FILED BY THE PETITIONER IN O.S.NO.60/2015 BEFORE SUB COURT, KATTAPPANA.

Annexure A3 TRUE PHOTOSTAT COPY OF THE C.M.P. NO.419/2021 IN S.T.NO.31/2016 DATED 09.09.2021 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A4 TRUE PHOTOSTAT COPY OF THE COMMON ORDER DATED 15.03.2022 IN CRL.M.C. NO.4372/2021 AND CONNECTED MATTERS OF THIS HON'BLE COURT.

Annexure A5 TRUE PHOTOSTAT COPY OF THE COMMON REPORT DATED 28.10.2023 OBTAINED FROM THE FORENSIC SCIENCE LABORATORY, TRIVANDRUM IN S.T.NO.2/2016.

Annexure A6 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 15.12.2023 AS C.M.P.NO.1036/2023 IN

Annexure A7 TRUE PHOTOSTAT COPY OF THE OBJECTION DATED 07.01.2024 FILED BY THE COMPLAINANT/2ND RESPONDENT IN C.M.P.NO.1036/2024 IN S.T.NO.31/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A8 TRUE PHOTOSTAT COPY OF THE ORDER DATED 17.02.2024 IN C.M.P.NO.1036/2023 IN S.T.NO.31/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A9 TRUE PHOTOSTAT COPY OF THE LIST OF WITNESSES DATED 29.05.2024 FILED BY THE PETITIONER IN S.T.NO.31/2016 ON THE FILES OF JFCM-II THODUPUZHA.

2024:KER:71521

Annexure A10 TRUE PHOTOSTAT COPY OF THE DOWNLOADED PROCEEDINGS DATED 12.06.2024 FROM E-COURT SERVICES

Annexure A11 TRUE PHOTOSTAT COPY OF THE REPORT DATED 09.07.2024 GIVEN BY KHAN SAHIB IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A12 TRUE PHOTOSTAT COPY OF THE ADDITIONAL LIST OF WITNESSES DATED 15.07.2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A13 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 15.07.2024 AS C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A14 TRUE PHOTOSTAT COPY OF THE ORDER DATED 24.07.2024 IN C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

Annexure A15 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 29.05.2024 AS C.M.P. NO.872/2024 IN S.T.NO.31/2016 ON THE FILES OF JFCM-II THODUPUZHA SUBMITTED BY THE PETITIONER

Annexure A16 TRUE PHOTOSTAT COPY OF THE ORDER DATED 12.06.2024 IN C.M.P.NO.872/2024 IN S.T.NO.31/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

2024:KER:71521

PETITIONER'S/S' ANNEXURES

Annexure A1 PHOTOCOPY OF COMPLAINT DATED 19.02.2014 SUBMITTED BY THE 2ND RESPONDENT BEFORE CHIEF JUDICIAL MAGISTRATE COURT THODUPUZHA.

Annexure A2 PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.NO.55/2015 BEFORE SUB COURT, KATTAPPANA.

Annexure A3 PHOTOSTAT COPY OF THE C.M.P. NO.438/2021 IN S.T.NO.180/2016 DATED 14.09.2021 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A4 PHOTOSTAT COPY OF THE COMMON ORDER DATED 15.03.2022 IN CRL.M.C. NO.4365/2021 AND CONNECTED MATTERS OF THIS HON'BLE COURT.

Annexure A5 PHOTOSTAT COPY OF THE COMMON REPORT DATED 28.10.2023 OBTAINED FROM THE FORENSIC SCIENCE LABORATORY, TRIVANDRUM IN S.T.NO.2/2016.

Annexure A6 PHOTOSTAT COPY OF THE APPLICATION DATED 15.12.2023 AS C.M.P.NO.1039/2023 IN

Annexure A7 PHOTOSTAT COPY OF THE OBJECTION DATED 07.01.2024 FILED BY THE COMPLAINANT/2ND RESPONDENT IN C.M.P.NO.1039/2023 IN S.T.NO.180/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A8 PHOTOSTAT COPY OF THE ORDER DATED 17.02.2024 IN C.M.P.NO.1039/2023 IN S.T.NO.180/2016 ON THE FILES OF JFCM-II, THODUPUZHA

Annexure A9 PHOTOSTAT COPY OF THE LIST OF WITNESSES DATED 29.05.2023 FILED BY THE PETITIONER IN S.T.NO.180/2016 ON THE FILES OF JFCM-II THODUPUZHA.

Annexure A10 PHOTOSTAT COPY OF THE DOWNLOADED PROCEEDINGS DATED 12.06.2024 FROM E-COURT SERVICES

2024:KER:71521

Annexure A11 PHOTOSTAT COPY OF THE REPORT DATED 09.07.2024 GIVEN BY KHAN SAHIB IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A12 PHOTOSTAT COPY OF THE ADDITIONAL LIST OF WITNESSES DATED 15.07.2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A13 PHOTOSTAT COPY OF THE APPLICATION DATED 15.07.2024 AS C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II THODUPUZHA

Annexure A14 PHOTOSTAT COPY OF THE ORDER DATED 24.07.2024 IN C.M.P.NO.1105/2024 IN S.T.NO.2/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

Annexure A15 PHOTOSTAT COPY OF THE APPLICATION DATED 29.05.2024 AS C.M.P. NO.873/2024 IN S.T.NO.180/2016 ON THE FILES OF JFCM-II THODUPUZHA SUBMITTED BY THE PETITIONER

Annexure A16 PHOTOSTAT COPY OF THE ORDER DATED 12.06.2024 IN C.M.P.NO.873/2024 IN S.T.NO.180/2016 ON THE FILES OF JFCM-II, THODUPUZHA.

 
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