Kaladhardas Manthottathil House Represented by Her Power of Attorney Holder M.K. Vijayan vs Registrar, Subordinate Judiciary, High Court of Kerala Ernakulam, Pin 682031 and Senior Superintendent Judicial First Class Magistrate Court -1, Ernakulam Pin 682035

Justice T.R. Ramachandran Nair

The writ Petition is filed by the petitioner seeking for a direction to the respondents to ensure that Ext. P1 complaint is posted before the Judicial

First Class Magistrate Court-I, Ernakulam, for consideration. Petitioner who is the Power of Attorney Holder has filed a criminal complaint u/s

138 of the Negotiable Instruments Act. various aspects have been pointed out by the petitioner which is numbered as M.P. No. 1059/2012 and

the cheque amount is Rs. 39 lakhs.

Registry had called for a report from the Judicial First Class Magistrate Court-I, Ernakulam. The details submitted in the report would show that

M.P. No. 1059/2012 was filed on 4.5.2012 and this was taken on file as S.T. No. 2808/2012 on 4.5.2012 itself. Summons was directed to be

issued to the accused to appear on 6.8.2012. On the said date it was notified to 21.12.2012 by the Bench clerk and, therefore, it was not called

on 6.8.2012. it is also stated that there are above 13000 cases pending before the court and, therefore, relatively new cases are notified to the next

posting date unless there is a petition for taking up the matter on urgent basis filed by the party. Learned counsel for the petitioner submits that

since the matter is posted for 21.12.2012, the same will satisfy the petitioner. Recording the same writ Petition is disposed of.