IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 WP(C).No. 38104 of 2007(J) -------------------------- AGAINST THE ORDER IN ST 2308/2006 & ST.2307/2006 of JFCM.,SULTHANBATHERI .................... PETITIONER: ------------ K.P.NARAYANAN NAIR, S/O.KARUNAKARAN NAIR, PUZHAMUDI HOUSE, PUZHAMUDI POST, VIA. KALPETTA, WAYANAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: ------------------ 1. T.K.MAJEED, S/O.UMMER, THAVARAKATTEE HOUSE, PANAMARAM POST, WAYANAD DISTRICT. 2. K.USMAN, S/O.MOHAMMED, KONTHIYODEN HOUSE, PANAMARAM POST, WAYANAD DISTRICT. 3. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. PUZHAKKARA MUHAMMED, GOVERNMET PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C). No. 38104 of 2007 ========================== Dated this the 7th day of January, 2008. JUDGMENT In this petition filed under Article 227 of the Constitution of India, the petitioner seeks a direction to the Judicial First Class Magistrate-I, Sulthan Batheri to hear and dispose of S.T. Nos. 2307 and 2308 of 2006 expeditiously. 2. The petitioner is the common complainant in both the above cases. He initially instituted the complaints before the Chief Judicial Magistrate, Kalpetta on 01.06.2004 and were registered as S.T. Nos. 2927 and 2928 of 2004. Exts. P1 and P2 are the complaint respectively in the above said cases. Both are prosecutions under Section 138 of the Negotiable Instruments Act involving a sum of Rs.5,25,000/- in Ext.P1 complaint and Rs.5 lakhs in Ext.P2 complaint. For reasons which are not discernible to this Court at this stage, both the two cases are being jointly tried. As per order dated 05.08.2005 of the Chief Judicial Magistrate, Kalpetta, the above two cases were transferred to JFCM, Kalpetta where they were re-registered as W.P.(C) No. 38104/2007 : 2 : S.T. Nos. 2001 and 2006 of 2005 respectively. Subsequently as per order dated 11.05.2006 of the Chief Judicial Magistrate, Kalpetta, these cases were again transferred from JFCM, Kalpetta to JFCM-II, Sulthan Batheri, where they were re-numbered as S.T. Nos. 414, 412 of 2006 respectively. The trial of the cases started while they were pending before the JFCM, Kalpetta and the evidence of the complaint was over. It was at a time when the cases were posted for examination of the accused under Section 313 Cr.P.C that they were transferred to JFCM-II, Sulthan Bathery. As per Ext.P3 order dated 19.08.2006 the cases were again transferred from JFCM-I, Sulthan Batheri on the basis of petitions filed by the respective accused in the case to the effect that the Magistrate made some comments against the accused. The files were received by JFCM-I, Sulthan Batheri on 30.08.2006 and the cases were re-registered as S.T Nos. 2307 and 2308 of 2006. The cases are now posted for defence evidence and certain witnesses remain to be examined. As per report dated 03.01.2008 the learned Magistrate has prayed for three months time to dispose of the two cases after completing the defence W.P.(C) No. 38104/2007 : 3 : evidence. I see no reason why the said time prayed for by the Magistrate should not granted. Accordingly, this writ petition is disposed of directing the JFCM-I, Sulthan Batheri to dispose of S.T. Nos. 2307 and 2308 of 2006 expeditiously and at any rate within three months from today. Forward a copy of this judgment to JFCM-I, Sulthan Batheri forthwith for compliance and report. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 38104/2007 : 4 :