IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Crl.MC.No. 450 of 2008() ------------------------ ST.1689/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER: ACCUSED ------------------- 1. M/S.SUPER COMMERCIAL COMPANY, 78, SHESHADRI BHAVAN, RAMBAGH COLONY, MEDICAL SQUARE, NAGPUR. 2. PRAVEEN KRISHNAN RAO NINAVE, CHIEF EXECUTIVE OFFICER, M/S.SUPER COMMERCIAL COMPANY, 78, SHESHADRI BHAVAN, RAMBAGH COLONY, MEDICAL SQUARE, NAGPUR. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S.BANSAL INTERNATIONAL, 9/415, SALU COMPLEX, MISSION QUARTERS JUNCTION, THRISSUR, REPRESENTED BY MANAGING PARTNER, P.P.ABDUL WAHAB, S/O.PAREED, "SHABIS", MANA LINE, KOORKANCHERRY, THRISSUR. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2008 ALONG WITH OTHER CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 450/2008, 451/08 & 452/08 * * * * * * * * * * * * * * * * * * Dated: 01-02-2008 ORDER The common petitioner in these Crl. MCs is the common accused in S.T. Nos. 1689, 1690 and 6004 of 2006 respectively on the file of the J.F.C.M.I, Thrissur all of which are prosecutions under Section 138 of the Negotiable Instruments Act, 1881. The total amount involved in these proceedings are Rs. 64,79,700/-. After the particulars of the offence were read over to the accused on 24-01- 2008 the learned Magistrate has posted all the three cases for trial to 2-2-2008. According to the petitioner, on the basis of a complaint filed by a Company against the petitioner before the Nagpur City Police Station as C.R. 158 of 2005 the Nagpur Police seized the entire documents belonging to the petitioner under Section 105 Cr.P.C. and the documents are presently with the Nagpur Police and the petitioner claims to have moved before the Judl. First Class Magistrate, Umred for return of the seized documents on interim custody . The grievance of the petitioner is that he will be able to effectively cross-examine the complainant in these cases and shape his defence only if he gets back his documents which have been seized by -:2:- Crl. M.C. No. 450/2008, 451/08 & 452/08 Nagpur Police and he prays for a breathing time so that by that time the trial of these cases is started the petitioner is able to get back the documents and shape his defence. I see no reason why this prayer of the petitioner should not be granted. Accordingly, these Crl.Mcs are disposed of directing the J.F.C.M.I, Thrissur to adjourn the trial of the above three cases by two months so as to facilitate the petitioner to get his documents back from the custody of the Nagpur Police and thereafter face the trial in S.T. Case Nos. 1689, 1690 and 6004 of 2006 before the Judl. Magistrate of the First Class-I, Thrissur. V. RAMKUMAR, (JUDGE) ani.