IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 Crl.MC.No. 1952 of 2011() ---------------------- CC.380/2009, CC.438/2009 AND CC.886/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PALAKKAD .................. PETITIONER / COMPLAINANT : --------------------------------------------- AHAMMED SHIHABUDHEEN, PROPRIETOR, KALATHINGAL AGENCIES, KINASSERY, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS / STATE AND ACCUSED : ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SARAVANAN, PROPRIETOR, SELVAM TRADERS, SELVAM MODERN RICE MILL, ARPUDHAPURAM, THIRUTHALLURPATTY, THANCHAVOOR DISTRICT, TAMIL NADU - 613 009. R1 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1952 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : COPY OF THE COMPLAINT IN CC NO. 380/09 PREFERRED BY THE PETITIONER. ANNEXURE - B : COPY OF THE COMPLAINT IN CC NO. 438/09 PREFERRED BY THE PETITIONER. ANNEXURE - C : COPY OF THE COMPLAINT IN CC NO. 886/09 PREFERRED BY THE PETITIONER. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P. JOSEPH, J. ---------------------------------------------- Crl. M.C No. 1952 OF 2011 ----------------------------------------------- DATED THIS THE 29th DAY OF JUNE, 2011 O R D E R Petitioner has filed 3 cases - CC No.380 of 2009, CC No.438 of 2009 and CC No.886 of 2009 in the Court of learned Judicial First Class Magistrate-III, Palakkad against the 2nd respondent for offence punishable under Section 138 of Negotiable Instruments Act. The grievance of petitioner is that though the cases were filed during April, 2008, it has not been taken up for trial and since the learned Judicial First Class Magistrate-III, Palakkad on account of illness is not sitting, charge of that Court is given to Judicial First Class Magistrate Court-I, Palakkad, but learned Judicial First Class Magistrate-I has not listed the cases for trial. Learned counsel requested that a direction may be given to list the cases for trial. I have heard public prosecutor also. 2. Without understanding the volume of work of the Court of learned Judicial First Class Magistrate-I and priority for disposal of older case of that Court I cannot issue a direction to dispose of the cases of the Court over which learned Judicial First Class Magistrate-I is holding charge. But, if the cases were Crl. M.C No.1952/2011 -2- filed in the year 2008 and inspite of lapse of about 3 years nothing has transpired there is some merit in the concern expressed by petitioner. In the circumstances, petitioner is permitted to request learned Judicial First Class Magistrate-I, Palakkad to list the cases for trial (If learned Magistrate is holding full charge of Judicial First Class Magistrate-III, Palakkad) and if any such request is made learned Magistrate shall consider the request and pass appropriate orders. This Crl. M.C is disposed of the above direction. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge