IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.MC.No. 2789 of 2008() ------------------------- CC.1062/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER: ACCUSED ---------------------- JOSE P.THOMAS, BRANCH MANAGER, THIRUVALLA EAST CO-OPERATIVE BANK, VENNIKKULAM BRANCH, RESIDING AT VALLIYIL HOUSE, NELLAD, ERAVIPEROOR P.O., ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): COMPLAINANT -------------------------- 1. KURUVILA THOMAS, VATTOLIL HOUSE, WEST OTHARA P.O., THIRUVALLA TALUK. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.P.HARIDAS FOR R1 R2 BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/11/2008, ALONG WITH CRMC NO. 2793 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 2789 & 2793 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November, 2008 O R D E R The petitioner in these petitions faces indictment in two prosecutions, both under Section 138 of the N.I. Act initiated by the respective first respondents in these petitions. The civil disputes between the parties were settled as per awards passed by the Lok Adalat. There was a stipulation for making payments along with interest at the rate of 9% p.a. There was an understanding that if such payments are made, the prosecutions under Section 138 of the N.I. Act shall be withdrawn by the complainant. That award of the Lok Adalat was passed on 24.8.2006. Payments have not been made till now as per the awards passed. The prosecutions are continuing. The learned Magistrate, in these circumstances, has taken steps to proceed with the trial in the two cases. 2. It is at this juncture that the petitioner has come before this Court with a prayer that powers under Section 482 Cr.P.C. Crl.M.C.Nos. 2789 & 2793 of 2008 2 may be invoked to quash these two prosecutions under Section 138 of the N.I. Act against the petitioner herein. 3. The award was passed as early as on 24.8.2006. The understanding was that once payment is made, the prosecutions shall be withdrawn. Payments have not been made yet. Execution Petitions are pending and the amount is being paid in instalments. 4. I agree with the learned Magistrate that criminal prosecutions cannot be pending endlessly. The said cases have not been withdrawn or settled so far. I am, in these circumstances, satisfied that the trial in C.C.1060 and 1062 of 2004 pending before the J.F.M.C. Thiruvalla can be directed to be proceeded further. It is not possible for the learned Magistrate to endlessly wait until the compromise decree is executed. 5. The learned counsel for the petitioner prays that there may be a direction that the learned Magistrate must take note of the compromise as per the award and the payments made in pursuance of the award while considering the question of sentence to be imposed and the direction for payment of compensation in these cases, if Crl.M.C.Nos. 2789 & 2793 of 2008 3 ultimately these cases were to end in convictions. Needless to say, such settlement and payment of amounts will certainly have to be taken note of by the learned Magistrate at that stage. 6. These Crl.M.Cs. are accordingly dismissed with the above observations. (R. BASANT) Judge tm