Kerala High Court
Jayakumar vs State Of Kerala on 24 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:70859
CRL.MC NO. 7884 OF 2024
1
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. 7884 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN ST NO.406 OF 2023 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONERS/ACCUSED :
JAYAKUMAR, AGED 48 YEARS
S/O RAJAMANI, PROPRIETOR OF M/S JK TRADING CO.
RESIDING AT KONGU NAGAR MAIN STREET,
DOOR NOS.38,39 RS PADMA SWARNA,KALVEERAMPALAYAM,
NAVAVOOR PRIVU,MARUTHAMALAI ROAD,
VADAVALLI ROAD, COIMBATORE,TAMIL NADU - 641 046.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
B.R.SINDU
V.R.SANJEEV KUMAR
V.ROHITH
AFNA V.P.
RESPONDENTS/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 M/S GREENFIELD LOGISTICS SERVICES LLP
3RD FLOOR, SREE BUILDING, ALAPATT CROSS ROAD P O,
MG ROAD, KOCHI, ERNAKULAM DISTRICT- 682016
REPRESENTED BY ITS MANAGING DIRECTOR MR BABU K.C
AGED 63 YEARS, S/O CHANDRAN
RESIDING AT KOLLAMPARAMBIL (H), KOTTANALLUR,
THRISSUR DISTRICT, PIN - 680 662.
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2024:KER:70859
CRL.MC NO. 7884 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.7884 of 2024
...................................................
Dated this the 24th day of September, 2024
ORDER
Petitioner is the accused in S.T.No.406/2023 on the files of the
Additional Chief Judicial Magistrate Court (Economic Offences),
Ernakulam. On 02.09.2024, the case was posted for taking a statement
under Section 313 Cr.P.C. On that day, petitioner failed to appear, and
hence non bailable warrant has been issued. Petitioner challenges the
said order issuing non bailable warrant against him.
2. I have heard Sri.G.Hariharan, the learned counsel for the petitioner as
well as Sri.Noushad K.A., the learned Public Prosecutor.
3. Petitioner alleges that on 02.09.2024, he had to appear before the
Judicial Magistrate Fast Track Court No.1 @ Magisterial Level,
Coimbatore, pursuant to a direction of the High Court of Madras, and
therefore, he could not appear before the trial court at Ernakulam in
S.T.No.406/2023.
2024:KER:70859
CRL.MC NO. 7884 OF 2024
4. Having regard to the above circumstances, I am of the view that this
Crl.M.C. can be disposed of with a direction.
5. Accordingly, if the petitioner appears before the Additional Chief Judicial
Magistrate Court (Economic Offences), Ernakulam, in S.T.No.406/2023 on
the next posting date without default and applies for recall of warrant,
the learned Magistrate shall consider the same and pass appropriate
orders recalling the warrant without undue delay.
6. To enable the petitioner to appear before the learned Magistrate, the non
bailable warrant issued against him shall be kept in abeyance till the
next posting date, in S.T.No.406/2023 on the files of the Additional
Chief Judicial Magistrate Court (Economic Offences), Ernakulam.
The Crl.M.C. is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/24/09/2024
2024:KER:70859
CRL.MC NO. 7884 OF 2024
PETITIONER ANNEXURES
ANNEXURE I A TRUE COPY OF THE COMPLAINT DATED 04.07.2023
FILED U/S 138, 141 & 142 OF THE NEGOTIABLE
INSTRUMENTS ACT R/W SECTION 190 & 200 OF THE
CRIMINAL PROCEDURE CODE
ANNEXURE II A TRUE COPY OF THE ORDER MADE IN
CRL.R.C.NO.1189/2024 DATED 15.07.2024 ISSUED
BY THE HON'BLE HIGH COURT OF JUDICATURE AT
MADRAS
ANNEXURE III A TRUE COPY OF THE CASE STATUS RELATING TO
WITH S.T.NO.406/2023 ON THE FILES OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT,
ERNAKULAM
ANNEXURE IV A TRUE COPY OF THE JUDGMENT MADE IN
CRL.M.C.NO.7586/2024 DATED 11.09.2024
