IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.MC.No. 2428 of 2010() ------------------------- ST.3052/2008 of J.F.C.M. COURT-V, ERNAKULAM .................... PETITIONER(S): ACCUSED ---------------------- R.BAIJU,AGED 44 YEARS,S/O.RASHEED, FAROOQ CONSTRUCTION COMPANY,POWER HOUSE WARD, VAZHICHERRY,ALAPPUZHA.RESIDING AT FATHIMA MANZIL, POWER HOUSE WARD,ALAPPUZHA. BY ADV. SRI.E.RAFEEK SRI.GOKUL DAS V.V.H. RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. M/S.G.K.GRANITES,OORAKKAD,KIZHAKKAMBALAM ERNAKULAM,REPRESENTED BY MANAGING PARTNER, MR.GEORGE ANTONY,AGED 53 YEARS,S/O.KORAH ANTONY. 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2428 of 2010 -------------------------------------- Dated this the 2nd day of July, 2010 ORDER Petitioner, who is the common accused in prosecutions initiated at the instance of the 1st respondent as C.C.No.477/2009 before the Chief Judicial Magistrate Court, Alappuzha and S.T.No.3052/2008 before the J.F.C.M Court-V, Ernakulam allegedly in respect of the very same cheque, seeks to quash Annexure IV complaint in respect of S.T.No.3052/2008 before the J.F.C.M Court-V, Ernakulam. 2. According to the petitioner, the complaint before the Ernakulam Magistrate amounts to an abuse of the process of the Court, since the 1st respondent has already initiated prosecution against the petitioner before the Chief Judicial Magistrate Court, Alappuzha as C.C.No.477/2009. 3. This Court will be loath to quash the proceedings on the above averments. It is open to the petitioner to produce certified copies of the complaint and other records in C.C.No.477/2009 and try to substantiate his contentions before the Ernakulam Magistrate. If a question of identity does not arise during the trial, he may file an application for Crl.M.C. No.2428 of 2010 : 2 : personal exemption during the trial of both the cases by incorporating appropriate averments. In case such an application is filed, the learned Magistrate shall consider the same favourably. Reserving the above right and his right to raise all the defences available to him before both the Courts, this Criminal M.C is disposed of. V.RAMKUMAR, JUDGE dmb