IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 5348 of 2006(J) ------------------------- CC.1402/2002 of ADDL.C.J.M., ERNAKULAM .................... PETITIONER(S): --------------- A.R.RAPHEL, S/O.LATE ROCKY, AGED 77 YEARS, ADCHIYIL HOUSE, BANK ROAD, CHERANALLOORE P.O. 682 034. BY ADV. SRI.GEORGE CHERIAN RESPONDENT(S): --------------- TREESA ANDREWS, KUNNALAKKATTU HOUSE, KADAVANTHRA P.O., KOCHI 682 020. PUBLIC PROSECUTOR SMT. PUSHPALATHA M.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.5348 of 2006 J -------------------------------------- Dated this the 15th day of October, 2008. JUDGMENT Petitioner and counsel remained absent. Heard Public Prosecutor. 2. Petitioner is aged about 77 years and is aggrieved by the delay in disposal of C.C.No.1402 of 2004 pending before the Additional Chief Judicial Magistrate Court, Ernakulam. It is stated that the petitioner was conducting a driving institute and that the debt due from the first respondent is part of the sole life earnings of the petitioner. Petitioner therefore, seeks a direction for early disposal of C.C.No.1402 of 2004. 3. Report was called for from the learned Additional Chief Judicial Magistrate. It is reported that C.C.No.1402 of 2004 is for offence punishable under Section 138 of the Negotiable Instruments Act and that summons was ordered as early as on 29.6.2004 for appearance of the accused on 29.1.2005. In the ordinary course of business of that court, the case could be included in the target and disposed of only in the year 2009 unless the parties settle the matter. Learned Additional Chief Judicial Magistrate therefore, requested that necessary directions may be issued to dispose of the said case out of turn. WP(C) No.5348/2006 2 4. Considering the fact that the petitioner is aged about 77 years I consider it proper to direct learned Additional Chief Judicial Magistrate to dispose of the case at the earliest, if necessary by taking it out of turn. Writ Petition is therefore, disposed of directing learned Additional Chief Judicial Magistrate to expedite the trial and disposal of C.C.No.1402 of 2004. THOMAS P.JOSEPH, JUDGE. cks WP(C) No.5348/2006 3