IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 Crl.MC.No. 1493 of 2010() ------------------------- CRRP.2/2010 of SESSIONS COURT, PATHANAMTHITTA .................... PETITIONER(S): REVISION PETITIONER/ACCUSED ------------------------------------------ RAJENDRAN,S/O.LATE P.K.VASUDEVAN NAIR, KAPPILLIL HOUSE, TEMPLE ROAD, PERUMBAVOOR, KUNNATHUNADU TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): RESPONDENTS/COMPLAINANT & STATE ---------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. M.J.MATHEW,MUNDANAKUZHIYIL,BOB VILLA, PUTHUSSERY PO, KALLOOPARA VILLAGE. ADV. SRI.JACOB P.ALEX FOR R1 SRI.JOSEPH P.ALEX FOR R1 BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/07/2010, ALONG WITH CRMC NO. 1507 OF 2010 CRMC NO. 1529 OF 2010 AND CRMC NO. 1530 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.Nos. 1493, 1507, 1529 and 1530 of 2010 --------------------------------------------- Dated this the 13th day of July, 2010 ORDER The common petitioner in these petitions filed under Section 482 Cr.P.C is the common accused in S.T. Numbers 375, 423, 514 and 680 of 2006 on the file of J.F.C.M Court, Thiruvalla. All the above cases are prosecutions under Section 138 of the Negotiable Instrument Act, 1881, involving cheques for Rs.5,00,000/- (Rupees Five Lakh only) each totaling to Rs.20,00,000/- (Rupees Twenty Lakh only). The orders impugned in these petitions are the orders passed by the trial court as well as the Sessions Court in revision holding that the Court having territorial jurisdiction is the J.F.C.M Court, Thiruvalla itself. 2. Pending this Criminal M.C, the common petitioner has filed affidavits in all the cases undertaking to settle the matter within six months from 7.7.2010 by making payment of the cheque amounts within six Crl.M.C.Nos. 1493, 1507, 1529 and 1530 of 2010 : 2 : months. The said undertaking made in the affidavits is recorded. Accordingly, proceedings before the J.F.C.M Court, Thiruvalla will stand suspended for a period of six months from today to enable the petitioner to honour the undertaking given before this Court. In case the cheque amounts involved in these cases are paid to the common 2nd respondent complainant within six months as undertaken, the learned counsel for the 2nd respondent agrees to withdraw the complaint in the above cases. If the petitioner resiles from the undertaking by failing to pay the cheque amounts to the complainant, then the complainant shall be entitled to continue the proceedings before the trial court without any demur. These Criminal M.Cs are disposed of accordingly. V.RAMKUMAR, JUDGE dmb