LEELAMMA JOHN v. T. GEORGE VARGHESE,
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE V.G.ARUN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-02. LEELAMMA JOHN v. T. GEORGE VARGHESE,. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE V. G. ARUN WEDNESDAY, THE 02ND DAY OF DECEMBER 2020 / 11TH AGRAHAYANA, 1942 OP(Crl. ). No. 376 OF 2020 CC 2658/2017 OF TEMPORARY COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS, THIRUVANANTHAPURAM (JMFC XII) PETITIONER/S: 1 LEELAMMA JOHN AGED 59 YEARS W/O. JOHN M. GEORGE, PROPRIETRIX OF ALEPH ENTERPRISES, KMC 13/1790, PADIPURACKAL, PRATHIBA JUNCTION, BHAVANA NAGAR, KADAPPAKADA, KOLLAM- 691008. 2 JOHN M. GEORGE AGED 63 YEARS S/O. LATE GEORGE, CHIEF EXECUTIVE OF ALEPH ENTERPRISES, KMC 13/1790, PADIPURACKAL, PRATHIBA JUNCTION, BHAVANA NAGAR, KADAPPAKADA, KOLLAM- 691008. BY ADV. SHRI. H. RAMANAN RESPONDENT/S: 1 T. GEORGE VARGHESE, AGED 71 YEARS, S/O. LATE IDICULA GEORGE, MANAGING PARTNER M/S. DELTA STAR, GENERAL TRADING LLC, DUBAI T. C. 2/3310(2) , CHALAKUZHI ROAD, PATTAM P. O. , THIRUVANANTHAPURAM-695004. 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. OTHER PRESENT: SR.
PP. AMJAD ALI THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O. P. (Crl) No. 376 of 2020 -2- JUDGMENT nd Dated this the 02 day of December, 2020 The prayer in this original petition is for a direction to the Judicial First Class Magistrate Court-XII, Thiruvananthapuram to defer the trial in C. C. No. 2658 of 2017. Petitioners are the accused in the case filed by the first respondent alleging commission of the offence under Section 138 of the Negotiable Instruments Act. The solitary ground on which the petitioners seek adjournment of the trial is that the second petitioner had undergone a cardiac surgery in February, 2020 and has not fully recuperated. It is submitted that under the prevailing nd circumstances, the 2 petitioner should not be compelled to present in court. Learned Counsel for the petitioners pointed out that the first O. P. (Crl) No.
376 of 2020 -3-respondent had approached this Court earlier, resulting in Ext. P2 judgment, as per which the first respondent was permitted to approach the lower court for early disposal of the case. It is the specific contention of the learned Counsel that in spite of there being no direction to dispose the case within a time limit, the learned Magistrate is under such a misconception. In the light of the submissions, the original petition is disposed of permitting the petitioners to move an application for adjournment before the learned Magistrate, pointing out the reason for adjournment and producing the medical certificate. In such event, the learned Magistrate shall consider the request for adjournment, taking into account the medical condition of the second petitioner, the guidelines regarding the functioning of the O. P. (Crl) No. 376 of 2020 -4- Subordinate Courts issued by the High Court and to pass a reasoned order on the application. Sd/- V. G. ARUN JUDGE Scl/02. 12. 2020 O.
P. (Crl) No. 376 of 2020 -5- APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF COMPLAINT IN CC 2658/17. EXHIBIT P2 TRUE COPY OF JUDGMENT IN OP(CRL) 11/2019. EXHIBIT P3 MEDICAL CERTIFICATE ISSUED FROM LISIE HOSPITAL, EKM.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.