K. S. JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The orders passed by the Judicial First Class Magistrate-VI, Ernakulam on 12/6/2019 in Crl.M.P.No.28/2016 in C.C.No.1327/2010 and in Crl.M.P.No.29/2016 in C.C.No.1326/2010 are under challenge in these petitions filed under Sec. 482 Cr.P.C, by the accused in the aforesaid cases.

(2.) C.C.No.1326/2010 and C.C.No.1327/2010 arose out of a private complaint filed by the second respondent herein alleging commission of offence under Sec. 138 of the Negotiable Instruments Act. The learned Magistrate took cognizance of the offence in those cases without taking note of the fact that there was a delay of 62 days in the filing of complaints. The petitioner/accused challenged the orders of the learned Magistrate taking cognizance of the offence, by filing Crl.M.C.Nos.2902 and 2903 of 2012 before this Court under Sec. 482 Cr.P.C. The prayer of the petitioner in the above Crl.MCs to quash the proceedings in these cases, was disallowed by this Court by a common order dtd. 4/9/2012. The petitioner took up the matter in appeal before the Hon'ble Supreme Court by filing Crl.A.Nos.247 and 248 of 2016.

(3.) The Hon'ble Supreme Court, vide judgment dtd. 11/4/2016, set aside the impugned common order of this Court as well as the order of the learned Magistrate taking cognizance of the offence and issuing summons to the accused. In the aforesaid order, the Apex Court directed the learned Magistrate to reconsider the relevant facts of the Complaint Case including the issue of delay and its condonation in accordance with law, as well as the requirement of enquiry etc. under Sec. 202 of the Cr.P.C., and to pass fresh orders in accordance with law. Thereafter, the matter was again considered by the learned Magistrate who passed the impugned orders in Crl.M.P.No.28/2016 and Crl.M.P.No.29/2016, condoning the delay of 62 days in the filing of complaints in the aforesaid cases. The aforesaid orders are under challenge in these petitions.