IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1683 of 2010()
1. NAJUMA.V.Y,VALIYAKATH HOUSE,
... Petitioner
Vs
1. SUDHEER,S/O.VALIYAKATHU YUSAF,
... Respondent
2. SHEREEFA,W/O.ABDULLAKUTTY,
3. STATE OF KERALA,REPRESENTED BY
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :03/09/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.1683 of 2010
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ORDER
Petitioner filed C.M.P.No.65/2009 before
Judicial First Class Magistrate’s Court,
Kodungallur to call for the original of the
promissory note marked in O.S.No.408/2007, as,
according to the petitioner, it is a forged
document. Learned Magistrate, by Annexure-III
order, directed the petitioner to take steps to get
the original from the court by substituting a
certified copy and produce the same in court.
2. As rightly pointed out by the learned
counsel appearing for the petitioner, that
promissory note was not produced by the petitioner
before the civil court and it was produced by the
first respondent, who is the plaintiff in that
suit. Only the person who produced it in court can
get it back and petitioner, the defendant in the
suit, cannot get it. Therefore, on the face of it,
CRMC 1683/10 2
Annexure-III order is not sustainable. Moreover,
when the allegation is that promissory note is the
product of forgery and the original document is
necessary for trial, learned Magistrate was not
justified in passing Annexure-III order.
3. Annexure-III order is quashed. Judicial
First Class Magistrate, Kodungallur is directed to
consider Annexure-II petition afresh and pass
appropriate order in accordance with law, after
hearing the parties.
Petition is disposed.
3rd September, 2010 (M.Sasidharan Nambiar, Judge)
tkv