Kerala High Court
Anilkumar P vs Sujatha on 22 March, 2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940
OP(C).No. 1751 of 2018
[AGAINST THE ORDER IN IA NO.353/2018 IN OS 114/2015 of I ADDL.SUB
COURT,ERNAKULAM DATED 22-03-2018]
PETITIONER(S)/PLAINTIFF:
ANILKUMAR P
S/O RAMACHANDRAN, AGED 37, RESIDING AT CHATHANTHARA (H),
MANJANAKKAD, NJARACKAL PO, PIN-682303,
PROPRIETOR, SR BANKING SOLUTIONS, ROOM NO.78,
1ST FLOOR, KADAVANTHRA, KOCHI-682020.
BY ADV.SRI.AKHIL BHASKAR
RESPONDENT(S)/DEFENDANT.:
SUJATHA
AGED 45, W/O N.V RAVI, NIKARATHI VEETTIL,
KULAYELLIKKARA PO-682315, KEECHERY VILLAGE,
KANAYANNOOR TALUK, ERNAKULAM DISTRICT.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 1751 of 2018 (O)
APPENDIX
PETITIONER(S)'s EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CLAIM PETITION IN I.A NO.2536/2015
IN I.A NO.1700/2015 IN THE O.S NO.114/2015.
EXHIBIT P2 TRUE COPY OF THE I.A NO.4190/2015 ASKING
INTERROGATORIES TO RESPONDENT FILED BY THE
PETITIONER DATED 16.10.2015.
EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
RESPONDENT IN I.A NO.4190/2015 DATED 10.2.2016.
EXHIBIT P4 TRUE COPY OF LETTER IN THE I.A NO.1461/2016
ALLOWED BY THE LEARNED SUB COURT, DATED
29.11.2017 DIRECTING THE BANK OFFICIAL FOR THE
PRODUCTION OF DOCUMENT.
EXHIBIT P5 TRUE COPY OF I.A NO.353/2018 IN O.S NO.114/2015 DATED
24.01.2018.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 22.03.2018
DISMISSING EXHIBIT P5.
K.P.JYOTHINDRANATH, J.
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O.P.(C)No. 1751 of 2018
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Dated this the 16th day of July, 2018
JUDGMENT
This original petition is filed under Article 227 of the Constitution of India, challenging the order of the court of the Ist Additional Sub Judge, Ernakulam in I.A.No.353/2018 in O.S.No.114/2015. It can be seen that the above petition is filed under Order XVI Rule 6 r/w Section 151 of the Code of Civil Procedure, 1908 to take action against the respondent for the offences under Sections 193 and 200 of the Indian Penal Code as per the procedure under Section 195 read with Section 340 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.').
2. Heard. Petitioner has a right to file an appeal under Section 341 Cr.P.C.
Under such circumstances, this Original Petition is dismissed, without prejudice to the right of the petitioner to file an appeal under Section 341 Cr.P.C.
SD/-
K.P.JYOTHINDRANATH,
MBS/ JUDGE