IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 25315 of 2009(Q) --------------------------------------- ST.1511/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY .................... PETITIONER(S): ---------------------- SOBY GEORGE, AGED 41 YEARS, SON OF KORA GEORGE, RESIDING AT KAKKANAD VEETTIL, NELLIMATTOM,KOTHAMANGALAM. BY ADV. MR.T.M.RAMAN KARTHA SMT.MANJU R.KARTHA RESPONDENT(S): ------------------------ MARY THOMAS, MAROTTICKAL HOUSE KAYANAD P.O, MOOVATTUPUZHA (VIA), ERNAKULAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 25315/2009-Q APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION DATED 29/06/2009. EXT.P2: COPY OF THE APPLICATION DATED 14/08/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No.25315 OF 2009 =========================== Dated this the 14th day of September,2009 JUDGMENT Petitioner is the accused in S.T.1511/2008 on the file of Judicial First Class Magistrate Court, Kolencherry. Respondent is the complainant. This petition is filed under Article 227 of the Constitution of India for a direction to the Magistrate to adjourn the case for two months for settling the case. 2. Learned counsel appearing for the petitioner was heard. 3. The submission of the learned counsel is that the dishonoured cheque was for Rs.5,50,000/- and out of the amount due Rs.1,00,000/- has already been paid and for payment of the balance amount two months further time is needed and therefore a direction is to be issued to adjourn the case beyond a period of two months. 4. On hearing the learned counsel, I find no reason to give any direction as sought for. Unless there is a composition of the offence under section 147 of the Negotiable Instruments Act as the offence is W.P.(C)25315/2009 2 compoundable, the learned Magistrate can only proceed with the case. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006