Kerala High Court
Mulanjur Nidhi Ltd vs Balasubramanyan on 9 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
O.P.(Crl.) No.487 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
OP(CRL.) NO. 487 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 19.02.2025 IN CMP NO.221 OF
2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
PETITIONER(S)/PETITIONER/COMPLAINANT:
MULANJUR NIDHI LTD,
POONTHURUTHIL BUILDING, NEAR L.P SCHOOL, MULANJOOR P.O,
CHUNANGAD ROAD, OTTAPPALAM, PALAKKAD, KERALA-679 511,
REPRESENTED BY ITS MANAGING DIRECTOR, NARAYANANKUTTY.N,
AGED 50 YEARS,S/O. RAMAN EZHUTHACHAN, NALAKKULANGHARA
HOUSE,MULANJUR(P.O), LAKKIDI- PERUR I,PALAKKAD DISTRICT.
BY ADVS.
SRI.KRISHNA PRASAD. S
SMT.SINDHU S KAMATH
SMT.SWAPNA S.K.
SMT.ROHINI NAIR
SHRI.SURAJ KUMAR D.
SHRI.SUNILKUMAR K.K.
SMT.NAYANAMBIKA P.S.
RESPONDENT(S)/RESPONDENTS/ACCUSED AND STATE:
1 BALASUBRAMANYAN,
S/O. DEVAKI , NAMBIYATH PADI HOUSE, CHUNANGAD P.O,
AMBALAPARA, OTTAPPALAM, PALAKKAD, KERALA.,
PIN - 679511
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV.:
SR PP, SRI HRITHWIK C S
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09.10.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.) No.487 of 2025
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P.V.KUNHIKRISHNAN, J
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O.P.(Crl.) No.487 of 2025
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Dated this the 09th day of October, 2025
JUDGMENT
The above Original Petition(Crl.) is filed with the following
prayers:
"I. Set aside the Exhibit-P5 and Exhibit-P7 orders, which
erroneously recorded the withdrawal of CMP No. 221 of
2025 and acquitted the 1st respondent.
II. Pass necessary orders restoring CMP No. 221 of 2025
on the file of the learned Judicial First Class Magistrate,
Ottappalam.
III. Grant such other and further reliefs as this Honourable
Court may deem fit and proper in the interests of justice.
IV. Petitioner also prays that this Honourable Court may
be pleased to dispense with the translation of the
documents produced in the vernacular language." (SIC)
2. The petitioner is the complainant in CMP
No.221/2025. It was a complaint filed by the petitioner against
the 1st respondent alleging offence punishable under Section
138 of the Negotiable Instruments Act, 1881 ( for short 'N.I.
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Act'). The petitioner also filed CMP No.231/2025 against
another accused alleging offence punishable under Section 138
of the N.I. Act as evident by Ext.P2. It is submitted that the
accused in CMP No.231/2025 settled the matter by paying the
entire amount to the petitioner. Consequently, on 18.02.2025,
the petitioner submitted an advance petition along with a
withdrawal statement seeking permission to withdraw the said
complaint. But, it is submitted that, because of an inadvertent
clerical error, the case number was wrongly mentioned as CMP
No.221/2025 instead of CMP No.231/2025 in both the advance
petition and in the withdrawal statement. Ext.P3 is the
advance petition and Ext.P4 is the withdrawal statement filed
by the petitioner. The learned Magistrate allowed the
application as evident by Ext.P5 order and the prayer for
withdrawing CMP No.221/2025 is allowed. The petitioner came
to know about the mistake subsequently and he filed a
restoration petition as evident by Ext.P6. The same is
dismissed as evident by Ext.P7 because the same is not
maintainable. Hence, this Original Petition is filed.
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3. Heard the learned counsel appearing for the
petitioner. Notice was issued to the 1st respondent, but it was
returned with an endorsement 'not known'. At this stage, this
Court directed the Registry to get a copy of the proceedings
sheet in the case. The same was forwarded by the learned
Magistrate. A perusal of the same would show that the learned
Magistrate has not issued summons to the 1st respondent and
the complaint was withdrawn on the second posting. If that be
the case, no further notice is necessary to the 1 st respondent
and the same can be dispensed with because the impugned
order is an order passed without issuing notice to the 1 st
respondent.
4. Considering the facts and circumstances of the case,
I think, the impugned order can be set aside because, as stated
by the petitioner, it is a mistake on the part of the petitioner.
Therefore, this Original Petition(Crl.) is allowed in the
following manner:
1. Exts.P5 and P7 orders are set aside.
2. CMP No.221/2025 is restored before the Judicial
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First Class Magistrate Court-I, Ottappalam and
the learned Magistrate will proceed with the
same, in accordance with law.
3. The petitioner will appear before the Judicial First
Class Magistrate Court-I, Ottappalam on
27.10.2025.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
Judgment reserved NA
Date of Judgment 09.10.2025
Judgment dictated 09.10.2025
Draft Judgment placed 10.10.2025
Final Judgment uploaded 10.10.2025
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APPENDIX OF OP(CRL.) 487/2025
PETITIONER EXHIBITS
EXHIBIT-P1 A TRUE COPY OF THE CMP NO. 221 OF 2025
DATED 28-12-2024, JUDICIAL MAGISTRATE
OF FIRST CLASS-1, OTTAPPALAM
EXHIBIT-P2 A TRUE COPY OF THE CMP NO. 231 OF 2025
DATED 31-12-2024, JUDICIAL MAGISTRATE
OF FIRST CLASS-1, OTTAPPALAM
EXHIBIT-P3 A TRUE COPY OF THE ADVANCE PETITION IN
CMP 221/2025 FILED BY THE PETITIONER
DATED 18-02-2025, JUDICIAL MAGISTRATE
OF FIRST CLASS-1, OTTAPPALAM
EXHIBIT-P4 A TRUE COPY OF THE WITHDRAWAL STATEMENT
IN CMP 221/2025 FILED BY THE PETITIONER
DATED 18-02-2025, JUDICIAL MAGISTRATE
OF FIRST CLASS-1, OTTAPPALAM
EXHIBIT-P5 A TRUE COPY OF THE ORDER IN CMP
221/2025 PASSED BY THE JUDICIAL
MAGISTRATE OF FIRST CLASS-1, OTTAPPALAM
DATED 19-02-2025
EXHIBIT-P6 A TRUE COPY OF THE RESTORATION PETITION
FILED BY THE PETITIONER BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE -1,
OTTAPPALAM DATED 08-05-2025 IN CMP NO.
3473 OF 2025 IN CMP NO. 221 OF 2025
EXHIBIT-P7 A TRUE COPY OF THE DISMISSAL ORDER OF
THE RESTORATION PETITION DATED 08-05-
2025 PASSED BY THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-1, OTTAPPALAM IN CMP
NO. 3473 OF 2025 OF CMP NO. 221 OF 2025
//TRUE COPY//
PA TO JUDGE
