Kerala High Court
Beroy Mathew vs Smt. Leelamma Chacko on 4 November, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 9TH DAY OF APRIL 2014/19TH CHAITHRA, 1936
OP(Crl.).No. 72 of 2014 (Q)
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AGAINST THE ORDER IN CMP 354/2014 of C.J.M., THODUPUZHA.
PETITIONER/PETITIONER:-
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BEROY MATHEW, AGED 47 YEARS
S/O.MATHAYI, KIZHAKKEBHAGAM HOUSE, MARIKA.P.O
THODUPUZHA.
BY ADV. SMT.P.R.REENA
RESPONDENTS/RESPONDENT:-
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SMT. LEELAMMA CHACKO,
W/O.CHACKO VARGHESE, THAZHATHETHOTTIYIL HOUSE
GANDHI NAGAR HOUSING COLONY, THODUPUZHA EAST.P.O
KARIKODE VILLAGE, THODUPUZHA
NOW RESIDING AT ORANGE VILLA, THEKKUMBHAGAM
THODUPUZHA.
BY
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
09-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kvs/-
OP(Crl.).No. 72 of 2014 (Q)
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APPENDIX
PETITIONER'S EXHIBITS:-
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EXT.P1 : COPY OF THE FIR IN CRIME NO.1791/11 OF THODUPUZHA
POLICE STATION
EXT.P2 : COPY OF THE SEIZURE MAHAZAR WITH RESPECT TO THE
DISPUTED CHEQUE DATED 4.11.2011
EXT.P3 : COPY OF THE CHEQUE DATED 28.10.2011 OF BANK OF BARODA
EXT.P4 : COPY OF THE REPORT FILED BY THE FORENSIC SCIENCE
LABORATORY DATED 20.05.2013.
EXT.P5 : COPY OF THE FINAL REPORT BY THE THODUPUZHA POLICE
STATION DATED 21.9.2013
EXT.P6 : COPY OF THE PROTEST COMPLAINT CMP.354/14 DATED
15.01.2014 FILED BEFORE THE THODUPUZHA CHIEF JUDICIAL
MAGISTRATE COURT
EXT.P7 : COPY OF THE PROCEEDINGS OF THE LEARNED CHIEF JUDICIAL
MAGISTRATE COURT, THODUPUZHA DATED 15.01.2014 TO
17.02.2014.
RESPONDENT(S)' EXHIBITS:- NIL.
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-// true copy //-
PA TO JUDGE.
Kvs/-
K.RAMAKRISHNAN, J.
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O.P. (Crl) No. 72 of 2014-Q
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Dated this the 9th April, 2014
J U D G M E N T
This is an application filed by the petitioner seeking a direction for early disposal of Crl.M.P. 345/2014 pending before the Chief Judicial Magistrate Court, Thodupuzha under Article 227 of the Constitution of India.
2. It is alleged in the petition that the petitioner and first respondent were conducting separate cable TV networks in Thodupuzha Municipal area and its suburbs as per agreement dated 24.4.2008. Since there was some dispute arose between the parties, there were several litigations between them and arbitration proceedings were also initiated in respect of the matter. On the basis of the compromise, a cheque for Rs. 9,80,000/- was permitted to be drawn from the joint account of the partnership firm and O.P. (Crl) No. 72 of 2014-Q 2 the cheque was signed by both the petitioner and the respondent and the petitioner has collected the amount from the bank. But after collecting the amount, the respondent filed a complaint before the Thodupuzha police stating that the petitioner has misappropriated Rs.9,80,000/- and a crime was registered as Crime No. 1791/2011 of Thodupuzha police station. But subsequently, after investigation, they filed a refer report. Thereafter, the respondent filed a protest complaint as Crl.M.P. 354/2014 before the Chief Judicial Magistrate Court, Thodupuzha against the refer report. Now according to the petitioner, the allegations in the complaint are not genuine and the complaint is filed only to defeat the right of the petitioner and also prolong the arbitration proceedings. So he filed the present petition seeking the following reliefs:
"For the reasons stated in the original petition and accompanying affidavit it is humbly prayed that this Hon'ble Court may be pleased to direct chief Judicial Magistrate Court, Thodupuzha to pass final orders on Extr.P6 protest complaint O.P. (Crl) No. 72 of 2014-Q 3 within a time frame as fixed by this Hon'ble Court, pending disposal of the above original petition (Crl)".
3. Counsel for the petitioner submitted that in view of the pendency of this private complaint, the arbitration proceedings initiated is not progressing and so he wants the intervention of this Court to expedite the disposal of the complaint. Considering the relief claimed in the petition, this Court felt that this can be disposed of after hearing the counsel for the petitioner alone and also calling for a report from the Chief Judicial Magistrate Court, Thodupuzha.
4. It is seen from the report of the Chief Judicial Magistrate and also the allegations in the petition that when police filed a refer report in Crime No. 1791/2011 of Thodupuzha police station which was registered on the basis of the statement given by the respondent herein against the petitioner alleging offences under Sections O.P. (Crl) No. 72 of 2014-Q 4 468, 471 and 420 read with Section 34 of the Indian Penal Code, the respondent herein filed a protest complaint as Crl.M.P. 354/2014 under Section 190 read with Section 200 of the Code of Criminal Procedure. It is only at the pre- cognizance stage as is evident from the report submitted by the Chief Judicial Magistrate. At this stage the petitioner has no right because he has not been made accused so far. The Court has not decided as to whether process will have to be issued to the petitioner at all. So under the circumstances the petitioner has no right at this stage to come to this Court seeking the relief claimed in the petition.
5. However, the learned Chief Judicial Magistrate has mentioned in the report that he will complete the enquiry before 31.5.2014. So the petitioner is not entitled to get any of the reliefs claimed in the petition and the petition is liable to be dismissed.
O.P. (Crl) No. 72 of 2014-Q 5 In the result, the petition is dismissed.
K.RAMAKRISHNAN, JUDGE rka