IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Crl.MC.No. 1886 of 2011() ------------------------- CC.272/1996 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER(S): COMPLAINANT: ------------------------------------------------- NANDANAN.P.B,PARAPURATH HOUSE, VEMBILLY.P.O. BY ADV. SRI.AYPE JOSEPH RESPONDENT(S): ACCUSED AND STATE: --------------------------------------------------------------- 1. K.P.VARGHESE,S/O.PAULOSE,KIZHUTHARA HOUSE, SREEMOOLANAGARAM PO,ALUVA-683 585. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1886/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: REPLY SENT DTD. 26/12/2009 FROM THE JFCM, KOLENCHERY. ANNEX.AII: COPY OF THE COMPLAINT SENT TO THE REGISTRAR VIGILANCES. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1886 of 2011 --------------------------------------- Dated this 27th day of June, 2011 ORDER Petitioner is complainant in C.C.No.272 of 1996 of the Court of learned Judicial First Class Magistrate, Kolenchery. That complaint was filed against the first respondent for offence punishable under Sec.138 of the Negotiable Instruments Act. Learned Magistrate convicted first respondent and sentenced him to undergo imprisonment for three months and to pay Rs.75,000/- as fine. First respondent filed Crl.Appeal.No.368 of 1998 before the learned Additional Sessions Judge, Ernakulam. That appeal was allowed and the case was remitted to the learned Magistrate for fresh disposal. Grievance of petitioner is that the case was called only on two occasions and there was no posting for the case thereafter. Petitioner sought information under the Right to Information Act and obtained reply dated 26.12.2009 wherein it is stated that the case file is missing. According to the petitioner, injustice has been done to him and hence it is prayed that enquiry may be ordered in the matter and direct learned Magistrate to dispose of the case. Crl.M.C.No.1886 of 2011 -: 2 :- 2. In the light of the alarming situation that is brought out in the petition, I called for information from the learned Magistrate through the Registrar (Judicial). The Registrar (Judicial) has reported that the entire trial records in the case is missing from 2006 onwards and that except the certified copy of appellate judgment no other material is available with the learned Magistrate. That fact was reported to this Court on 31.08.010 which matter was forwarded to the learned Chief Judicial Magistrate on 16.09.2010. As per O.M datead 28/29-9- 2010 learned Chief Judicial Magistrate, Ernakulam was directed to instruct learned Magistrate, Kolenchery to explore and report possibility of re-construction of the missing records and to fix responsibility for missing of the file. It is reported that though learned Magistrate had asked the counsel for petitioner (in the trial court) to produce certified copies of the records, that was not done. The Registrar (Judicial) has informed the learned Magistrate to issue notice to the counsel concerned to produce certified/photocopy of the records, if any available with him and report the matter to this Court and learned Chief Judicial Magistrate, Ernakulam. Crl.M.C.No.1886 of 2011 -: 3 :- 3. It is seen that the records are missing. Necessarily, every attempt has to be made to ascertain whether the records could be reconstructed as already directed (on the administrative side) and to fix liability for the missing of records. Learned Judicial First Class Magistrate, Kolenchery is directed to comply with the directions already issued, ascertain possibility of reconstructing the records and to fix liability in the matter as early as possible. With the above direction this criminal miscellaneous case is disposed of. (THOMAS P JOSEPH, JUDGE) Sbna/-