KOSHY GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) IT is an application filed by the petitioners seeking a direction by the Chief Judicial Magistrate, Kottayam under Section 482 of the code of Criminal Procedure (hereinafter referred as the 'Code').

(2.) PETITIONERS herein are husband and wife and they were shown as respondents 1 and 2 in CMP 132/2014 on the files of Chief Judicial Magistrate's Court, Kottayam That petition was filed by the second respondent under Section 14 of the of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (in short called as 'SARFAESI Act') and if any order is passed without issuing notice to the petitioners, it will cause irreparable injury and miscarriage of justice and there will be denial of an opportunity to make their representation before the court. Ex parte proceedings is not known to criminal law. So the petitioners have moved this application seeking the following relief.

(3.) CALLED for a report from the Chief Judicial Magistrate, regarding the present stage of the case. The learned Magistrate had sent a report which reads as follows: C.M.P.132/2014 is filed by the Syndicate Bank as petitioner u/s 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002, against two Respondents on 16.1.2014. The court has ordered notice to the Respondents and the petition was posted to 13.2.14. On that day when the case is called my learned Predecessor in office has adjourned the case for objection to 18.3.2014. On that day there was no sitting and the case stood adjourned to 22.4.14. On that day also there was no sitting and the case stands posted to 5.6.2014. It may submit that on verification of the case records, it is seen that notice to the Respondents were not sent by the office as the Pin Code of the Respondents is not furnished by the petitioner. Though the said defect is noted by the concerned Clerk on the proceedings paper, my learned Predecessor in office instead of giving any direction to the petitioner to cure the defect has adjourned the case for objection. Actually no vakalath is filed by the Respondent and no notice is served on them. Now the case stands posted to 5.6.2014. The above report is humbly submitted as directed vide reference cited supra.