IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(Crl.).No. 95 of 2007()
1. MUHAMMED ISSAHAK,
... Petitioner
2. K. AHMED KUTTY, S/O. HAMSA HAJI,
Vs
1. K.K. ABDUL SALAM,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.S.SREEKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/05/2008
O R D E R
R. BASANT, J.
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Tr.P(Crl)No. 95 OF 2007
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Dated this the 29th day of May, 2008
O R D E R
Petitioners are accused in prosecution under Section 138 of
the Negotiable Instruments Act. Cognizance was taken as early
as in 2006. The matter is dragging on. Evidence of the
complainant has already been recorded. The matter stood posted
for Section 313 examination of the accused on 10.12.2007. It was
adjourned to 15.12.2007 and 29.12.2007. Accused did not appear
and applied for extension of time. On 21.12.2007 this application
has been filed with a prayer that the case may be directed to be
transferred to some other court of competent jurisdiction.
2. What is the reason ? The petitioners complain that they
are mortally afraid, and have been threatened, that harm will be
done to them if they were to proceed to take part in the
proceedings. Report of the learned Magistrate was called for to
ascertain. If any such complaint of any difficulty for the petitioners
to appear in court had ever been raised. No such complaint is
seen made before the learned Magistrate promptly. No complaint
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filed before the police complaining about any such high handed
action on the part of the complainant and the adversaries of the
petitioners is brought to my notice. There is no case that this
grievance was ever brought to the notice of the court concerned,
or the officials responsible for maintenance of law and order. The
conclusion appears to be inevitable, in these circumstances, that
the attempt is now being made only to protract and drag on the
proceedings and I am not persuaded to agree that there are any
circumstances which can justify the request to direct transfer the
case from the court before which it is pending. I am of the opinion
that this petition only deserves to be dismissed. This petition is
accordingly dismissed.
3. Needless to say, the dismissal of this petition will not fetter
the right of the petitioners to take appropriate action under law to
complain about any such threat in future and to claim protection.
R. BASANT, JUDGE
ttb
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