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2022 Supreme(Online)(KER) 35217
HIGH COURT OF KERALA
A. BADHARUDEEN, J
A.J. AUGUSTINE
– Appellant
Versus
STATE OF KERALA – Respondent
OP(Crl.) 292 2022
GEORGE JOSEPH
The judgment underscores the necessity of swift judicial procedures in cases under the Negotiable Instruments Act, especially when the health and age of a party are at stake.
Headnote:
Expeditious - Original Petitions - Negotiable Instruments Act, 1881 - Sections 138, 143(3) - The court mandated early disposal of cases as per statutory provisions ensuring prompt judicial proceedings, particularly for senior citizens with health concerns.
Fact of the Case:
The petitioner, aged 85, sought early resolution of multiple complaints under the Negotiable Instruments Act pending before a magistrate due to health issues, specifically cancer.
Finding of the Court:
The court acknowledged the statutory provisions requiring prompt resolution of cases involving dishonored cheques and directed the magistrate to expedite the hearing within three months.
Issues: The primary issue was whether the pending cases could be resolved quickly given the petitioner's age and health condition, in light of statutory requirements.
Ratio Decidendi: The court emphasized the need for expedient trials as mandated under Section 143(3) of the Negotiable Instruments Act, particularly for vulnerable individuals.
Final Decision: The court directed the magistrate to dispose of the pending cases within three months.
JUDGMENT
Dated this the 9th day of November, 2022 In these Original Petitions filed under Article 227 of the Constitution of India, petitioner, who is aged 85 years, seeks early disposal of S.T.Nos.237 of 2019, 228 of 2018 and 31 of 2020, pending before the Judicial First Class Magistrate Court, Nedumkandam, within a time frame fixed by this Court.
2. Considering the short prayer, notice to the other side stands dispensed with.
3. It is the statutory mandate under Section 143 (3) of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act’ for convenience) that every prosecution alleging commission of offence punishable under Section 138 of the NI Act shall be disposed of, as expeditiously as possible, and an endeavor shall be made to conclude the trial, within six months from the date of filing of the complaint.
4. In this matter, the complaint is of the year 2019, 2018 and 2020 respectively and the petitioner is a senior citizen, suffering from carcinoma. Therefore, the learned Magistrate is directed to try and dispose of S.T.Nos.237 of 2019, 228 of 2018 and 31 of 2020, pending before the Judicial First Class Magistrate Court, Nedumkandam, within a period of three months, from the date of receipt or production of a copy of this judgment.
These Original Petitions (Criminal) stand disposed of as indicated above.
Registry is directed to forward a copy of this judgment to the court below concerned, within seven days, for information and compliance.
Sd/-
A. BADHARUDEEN JUDGE
APPENDIX OF OP(CRL.) 292/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF LICENSE NO.B3-418/18 DATED
18/06/2018 ISSUED BY THE SECRETARY, NEDUMKANDAM GRAMAPANCHAYATH.
Exhibit P2 THE COPY OF LATEST GST REGISTRATION CERTIFICATE NO.32ACCPJ9166CIZW DATED
04/01/2022.
Exhibit P3 TRUE COPY OF THE ORIGINAL COMPLAINT IN ST.237/2019 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT NEDUMKANDAM.
Exhibit P4 TRUE COPY OF THE READABLE COPY OF ORDER SHEET IN ST.237/2019 DATED 08/06/2022 ISSUED BY THE JFCM COURT NEDUMKANDAM Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 15/11/2013 ISSUED FROM CARITAS CANCER INSTITUTE, THELLAKAM KOTTAYAM APPENDIX OF OP(CRL.) 293/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF LICENSE NO.B3-418/18 DATED
18/06/2018 ISSUED BY THE SECRETARY, NEDUMKANDAM GRAMAPANCHAYATH.
Exhibit P2 THE COPY OF LATEST GST REGISTRATION CERTIFICATE NO. 32ACCPJ9166CIZW DATED
04/01/2022 Exhibit P3 TRUE COPY OF THE ORIGINAL COMPLAINT IN ST.228/2018 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT NEDUMKANDAM Exhibit P4 TRUE COPY OF THE READABLE COPY OF ORDER SHEET IN ST.228/2018 DATED 08/06/2022 ISSUED BY THE JFCM COURT NEDUMKANDAM Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 15/11/2013 ISSUED FROM CARITAS CANCER INSTITUTE, THELLAKAM KOTTAYAM APPENDIX OF OP(CRL.) 294/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF LICENSE NO.B3-418/18 DATED
18/06/2018 ISSUED BY THE SECRETARY, NEDUMKANDAM GRAMAPANCHAYATH Exhibit P2 THE COPY OF LATEST GST REGISTRATION CERTIFICATE NO. 32ACCPJ9166CIZW DATED
04/01/2022 Exhibit P3 TRUE COPY OF THE ORIGINAL COMPLAINT IN ST. 31/2020 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMAKANDAM.
Exhibit P4 READABLE COPY OF ORDER SHEET IN ST
31/2020 DATED 08/06/2022 ISSUED BY THE JFCM COURT NEDUMAKADAM.
Exhibit P5 COPY OF MEDICAL CERTIFICATE DATED
15/11/2013 ISSUED FROM CARITAS CANCER INSTITUTE, THELLAKAM, KOTTAYAM.
