IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Crl.MC.No. 420 of 2010() ----------------------------------- CMP 4071/09 IN STC.1026/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER-PETITIONER-COMPLAINANT ------------------------------------------------------------- P.K. MANOHARAN, SON OF LATE P.V. BALAKRISHNAN NAIR,'RAJESWARI BHAVAN', AZHIKODE P.O, KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER, SRI.ANEESH JOSEPH. RESPONDENTS-RESPONDENT-ACCUSED & STATE --------------------------------------------------------------------------- 1. P.K. KRISHNAKUMARI, D/O.P.V. BALAKRISHNAN NAIR, 12/A CONTONMENT, NEAR GOVERNMENT GUEST HOUSE, KANNUR-2. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. R1 BY ADV. SRI.SUNIL NAIR PALAKKAT, SMT.R.LEELA, SRI.K.N.ABHILASH. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.420 OF 2010 --------------------------------------------- Dated 6th October, 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-IV order passed by Judicial First Class Magistrate Court-I, Kannur dismissing C.M.P.4071/2009. C.M.P.4071/2009 was filed for joint trial of C.C.334/2007 with S.T.1026/2005. Petition is filed under Section 482 of Code of Criminal Procedure to quash that order. 2. Learned counsel appearing for the petitioner and first respondent were heard. 3. S.T.1026/2005 was taken cognizance for the offence under Section 138 of Negotiable Instruments Act on a dishonoured cheque. C.C.334/2007 was taken cognizance on a final report submitted alleging offence under Crmc 420/10 2 Sections 468 and 420 of Indian Penal Code. Prayer of the accused in C.C.334/2007 who is the complainant in S.T.1026/2005 is that C.C.334/2007 is to be tried joinly with S.T.1026/2005. 4. The case taken cognizance for the offence under Section 138 of Negotiable Instruments Act cannot be tried jointly with a case alleging that the cheque was the result of forgery and cheating. Therefore, I find no reason to interfere with Annexure-IV order. It is made clear that the same Judicial First Class Magistrate shall dispose both the cases. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.