IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 26325 of 2008(R) -------------------------------------- M.P.4389/08 IN ST.1584/2007 OF CHIEF JUDL.MAGISTRATE COURT-I, KOCHI .................... PETITIONER(S): ---------------------- SUSAMMA RAJAN,W/O.T.M.RAJAN,PROPRIETRESS M/S.PROCESS COLOR, PARAMARA TEMPLE COMPOUND, BANERJI ROAD, KOCHI-18, REPRESENTED BY HER POWER OF ATTORNEY HOLDER JOSE P.VARGHESE,S/O.P.P.JOSEPH, PURCHASE MANAGER, M/S.PROCESS COLOR, PARAMARA TEMPLE COMPOUND, BANERJI ROAD, KOCHI-18. BY ADV. SRI.B.PREMNATH (E) SRI.SHAJI SEBASTIAN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. REGISTRAR GENERAL, HIGH COURT OF KERALA, ERNAKULAM. 3. NAVAKERALA PRINTERS, KATTACHAL ROAD, VETTAMUKKU, PANGODE, TRIVANDRUM, REPRESENTED BY ITS MANAGING PARTNER SHAJI SEBASTIAN. 4. SHAJI SEBASTIAN, NAVAKERALA PRINTERS, KATTACHAL ROAD, VETTAMUKKU, PANGODE, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ R. BASANT, J. ------------------------------------------------- W.P.(c)No. 26325 of 2008-R ------------------------------------------------- Dated this the 19th day of November, 2008 JUDGMENT The petitioner filed a complaint under Sec.138 of the Negotiable Instruments Act before the learned Chief Judicial Magistrate, Ernakulam. The learned CJM took cognizance and made over the case under Sec.192 Cr.P.C. to the learned Judicial Magistrate of the First Class-I, Kochi. The petitioner was directed to appear before that court on 25/7/07. 2. The petitioner waited before that court on 25/7/07. The case was not called there. Frantic enquiries were made; but without any tangible results. The petitioner could not collect from that court information about the fate of his case. Helplessly the petitioner filed an application formally before the learned Magistrate to give him directions as to when he should appear in the case filed by him. The learned Magistrate, after verifying the records, it appears, passed an W.P.(c)No. 26325 of 2008-R -: 2 :- order that such a case is not transferred to that court and is not pending in that court. 3. Helplessly the petitioner rushed to this Court. He sought that appropriate directions may be issued. The reports of the learned Magistrate and the learned CJM were called for. It now turns out that though the case was ordered to be transferred to the learned Judicial Magistrate of the First Class- I, Kochi, it did not reach that court. But surprisingly it reached the Court of the Judicial Magistrate of the First Class-II, Kochi. More surprisingly the case was taken on file in that court. Still more interestingly, while that was pending there, before parties appeared, there was a further order of transfer. It was transferred to yet another court. The petitioner had no information of this odyssey of his case from one court to the other. At least, in the course of pendency of this writ petition before this Court, the petitioner was favoured with the information that his case has now been re-numbered and shall be called before the learned Judicial Magistrate of the First Class- IV, Kochi, on 3/12/08. The petitioner’s immediate problem is thus over. W.P.(c)No. 26325 of 2008-R -: 3 :- 4. The learned counsel for the petitioner submits that insistence may be made on some method, in the manner in which the cases are made over and transferred. The plight of the petitioner is an outstanding example of the vexed litigants who are forced to run from pillar to post in their quest to ascertain the fate of their cases. 5. The learned CJM was requested to explain the procedure that is followed in making over of the cases and the manner in which such information is conveyed to the parties. The learned CJM undertakes that hereafter notice shall be published about the transfer/making over of the cases and that attempt shall be made to ensure that no litigant will be forced to face such predicament hereafter. 6. Purpose of this case is over as the petitioner has now been informed that his case will be called before the learned Judicial Magistrate of the First Class-IV, Kochi on 3/12/08. But I am afraid the matter cannot be left here. The file shall be placed before the Judge in administrative charge of the Ernakulam District. 7. The Registrar General shall also take note of the W.P.(c)No. 26325 of 2008-R -: 4 :- situation and ensure that appropriate general directions are issued by the High Court to him to make sure that no litigant is compelled hereafter to face such a predicament like the one faced by the petitioner herein. Tears must be shed for the petitioner who has definitely been constrained to incur expenditure and waste time for getting this clarification ultimately that his case is pending before a specified court and will be called on 3/12/08. 8. This writ petition is, in these circumstances, closed. Expeditious further action shall be taken in the matter by the Registry to avoid recurrence of such events. 9. This petition is dismissed accordingly with the above observations to the Registry. (R. BASANT, JUDGE) Nan/ W.P.(c)No. 26325 of 2008-R -: 5 :-