IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 2440 of 2008()
1. HOUSING DEVELOPMENT FINANCE CORPN. LTD.
... Petitioner
Vs
1. ABDUL GAFAR M AND ANOTHER
... Respondent
For Petitioner :SRI.P.V.GEORGE(ONAKKOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/12/2008
O R D E R
R BASANT, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Crl.Appeal No. 2440, 2441 & 2442 OF 2008
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 04th day of December, 2008
J U D G M E N T
The appellant in the appeals is the complainant in three
prosecution u/s 138 of the Negotiable Instruments Act initiated by
him against different accused persons. Process has not been
issued yet and the case is at the stage of cognizance. There was a
controversy as to whether the mandatory enquiry u/s 202 Cr.P.C.
ought to be conducted or not in the light of the amendment 202 of
Cr.P.C. The appellant had come before this court with a prayer to
invoke the jurisdiction under Section 482 Cr.P.C against an order of
the learned Magistrate. The decision in that case is reported in
HDFC V. Jaleel (2008 (3) KLT 861) . The judgment in that case was
pronounced on 31.07.08. The appellant wanted to prosecute his
case in accordance with the said decision. But he did not got
certified copies. On 07.08.08 the learned Magistrate was pleased to
pass identical order in these prosecutions by which the complaints
were dismissed. The dismissal is purportedly done invoking the
jurisdiction u/s 256 of Cr. P.C., though process had not been issued
till then.
2. It is unnecessary to delve deeper into the controversy.
The learned counsel for the appellant submits that he was not
granted time to produce the certified copy of the judgment rendered
on 31.07.08. The said grievance seems to be legitimate, I am
satisfied that the learned Magistrate must be directed to dispose of
the complaints afresh in accordance with law.
3. In the result, these appeals are allowed. The learned
Magistrate is directed to dispose of all the three complaints filed by
the appellant afresh in accordance with law.
Hand over copy.
(R BASANT, JUDGE)
KMD