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HIGH COURT OF KERALA
ALEXANDER THOMAS, J
O K MOHANAN – Appellant
Versus
ABDUL GAFOOR – Respondent
OP (CRIMINAL) 690/2017
Negotiable Instruments - Criminal Appeal - Negotiable Instruments Act Section List - This case involved the interpretation of Section 138 of the Negotiable Instruments Act, focusing on the appeal process after conviction for dishonor of a cheque, emphasizing the need for timely handling of appeals to ensure justice.
Fact of the Case:
The complainant was convicted under Section 138 of the Negotiable Instruments Act for a dishonored cheque and sentenced by the trial court. The accused filed an appeal which was pending for over four years, prompting a request for expedited processing.
Finding of the Court:
The court acknowledged the significant delay in the appellate process and ordered the appellate court to obtain the necessary records from the trial court and expedite the hearing of the appeal within two months.
Issues: The primary issue was the delay in the appellate process following the conviction under Section 138 of the Negotiable Instruments Act.
Ratio Decidendi: The court emphasized the importance of timely resolution of criminal appeals to uphold justice, reflecting the need for efficient judicial processes.
Final Decision: The petition was disposed of with directions for expedited appeal proceedings.
JUDGMENT
The petitioner herein is the complainant in S.T. No.3131/2008 on the file of Judicial First Class Magistrate-III, Thrissur, in which the 1st respondent herein has been arrayed as accused for offence punishable under Section 138 of the Negotiable Instruments Act . As per Ext.P2 judgment, the trial court has convicted the petitioner for the aforesaid offence and sentenced him to undergo simple imprisonment for three months and to pay fine amount of Rs.3,20,000/- with default clause of three months simple imprisonment.
2. The 1st respondent (accused) has preferred Ext.P1 Crl. Appeal No.156/2013 before the appellate Sessions Court concerned [Additional Sessions Court (Fast Track Court No.II), Thrissur] impugning the said judgment and conviction passed by the trial court. The prayer of the petitioner is for expeditious disposal of the appeal which has been pending for the last more than four years.
3. Heard Sri. P.K. Sajeev, learned counsel appearing for the petitioner (complainant) and Sri.Saigi Jacob Pallatty learned Public Prosecutor appearing for the 2nd respondent (State).
4. In the nature of the orders to be passed in this petition, notice to 1st respondent (accused) will stand dispensed with.
5. It is brought to the notice of this Court that the LCR in this case has not so far been obtained by the appellate court. Accordingly it is ordered that the appellate court will ensure that the LCR is obtained from the trial court without any further delay. Thereafter, steps should be taken to ensure that the Crl. Appeal No.156/2013 is listed for hearing without any further delay and efforts should be taken to ensure that the appeal is disposed of within a period of two months therefrom. The Registry will forward a copy of this order to the appellate court concerned at the cost of the petitioner.
With these observations and directions, the O.P. (Crl.) Stands finally disposed of.
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