IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Crl.MC.No. 4173 of 2008() ------------------------- CC.199/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER/ACCUSED: -------------------------------- REMA DEVI C.V., W/O. NARAYANAN PARVATHI NIVAS, P.O. THIRUVANGAD, THALASSERY. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------------------- 1. K.K. RANAMANI, EMPLOYED AS CLERK AT PUNJAB NATIONAL BANK, KUTHUPARAMBA. 2. M.K. JAYARAJAN, S/O. GOPALAN OTHAYOTH NIVAS, THIRUVANGAD AMSOM DESOM WEST PALAYAD, P.O. PALAYAD. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4173 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sections 420 and 468 I.P.C., which is pending before the A.C.J.M., Tellicherry as C.C.199 of 2007. Allegations in that case relate to the alleged forgery/deception committed by the petitioner in issuing a cheque. 2. In respect of the same cheque, on the complaint filed by the petitioner, another case has been registered against respondents 1 and 2 and the same is also pending before the same court as C.C.112 of 2007. According to the petitioner, these two cases are in the nature of case and counter case and following the well established precedential dicta, it is necessary and essential that these two cases, where allegations and counter allegations are raised, must be disposed of by the same judicial persona following the well established procedure. Crl.M.C.No. 4173 of 2008 2 3. The grievance of the petitioner is that the learned Magistrate has issued summons to the witnesses in C.C.199 of 2007 while the other case, i.e. C.C.112 of 2007 is not taken up for trial. Both cases are pending before the same court. Appropriate directions may be issued, it is submitted. 4. It is for the petitioner to bring to the notice of the learned Magistrate that the two cases are in the nature of case and counter case and they do hence deserve to be disposed of simultaneously by the learned Magistrate. Has the petitioner done this? There is nothing to show that the petitioner had brought this fact to the notice of the learned Magistrate. If such a fact is brought to the notice of the learned Magistrate, the learned Magistrate must consider the same. 5. With the observation that it shall be open to the petitioner to make a formal application before the learned Magistrate and that such application, if received, must be disposed of by the learned Magistrate in accordance with law, this Crl.M.C. is dismissed. 6. There is a prayer to stay the proceedings. I am not satisfied that any order of stay need be granted. Trial can be proceeded. If the Crl.M.C.No. 4173 of 2008 3 learned Magistrate feels that the cases are in the nature of a case and counter case, both cases shall be disposed of by the same Judge simultaneously. That is the only requirement. (R. BASANT) Judge tm