PADMANABHAN M. Vs. K. LATHA KUMARI

JUDGEMENT

(1.) The complainants in ST Nos. 55/2007, 56/2007 and 57/2007 on the file of Judicial First Class Magistrate Court - IV, Neyyattinkara are the revision petitioners herein.

(2.) The revision petitioners filed separate private complaints under S.138 of the Negotiable Instruments Act (hereinafter referred to as the Act) against the first respondent in all these cases alleging the offence under S.138 of the Act. The case was numbered as summary trial case and evidence was taken and after evidence, the Trial Court found the accused in these cases, who are the first respondent in all these cases, guilty under S.138 of the Act and convicted them and sentenced them for the said offence. They filed Crl. A Nos. 108/2011, 109/2011 and 110/2011 respectively against the above said conviction and sentence and after admitting the appeal, it was made over to Second Additional Sessions Court, Thiruvananthapuram for disposal. While the cases were posted for hearing, the revision petitioners filed Crl. MP Nos. 654/2012, 655/2012 and 656/2012 respectively in each appeal stating that in view of the decision reported in Nitinbhai Saevatilal Shah and Another v. Manubhai Manjubhai Panchal, 2011 (3) KHC 840 : 2011 (9) SCALE 583 : 2011 (3) KLJ NOC 23 : 2011 (4) KLT SN 2 : AIR 2011 SC 3076 : 2011 (9) SCC 638 , if the Court feels that the case has to be remanded, then it may be remanded with direction of time bound disposal by the Court below. It was on that basis, the learned Additional Sessions Judge disposed of the criminal appeals and remanded the case for fresh disposal to the Court below by the impugned common order. That common order is being challenged by the revision petitioner by filing the above revisions.

(3.) Heard the counsel appearing for the revision petitioner, learned counsel appearing for the 1st respondent and the learned Public Prosecutor.