IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Crl.MC.No. 2048 of 2010() ------------------------- AGAINST THE ORDER DATED 24/05/2010 IN CMP.2587/2010 IN ST.153/2007 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONER(S): COMPLAINANT ---------------------------------------------------- A.M.GOPALAN, MANAGING DIRECTOR, SREE GOKULAM CHIT AND FINANCE CO.(P)LTD., VADAKARA, REP.BY POWER OF ATTORNEY HOLDER JAYAKUMAR, S/O. KUTTIKRISHNAKURUP, PEECHAMPARAMBATH HOUSE, CHORODE AMSOM DESOM, VADAKARA TALUK. BY ADV. SMT.A.SREEKALA RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABOOBACKER, S/O. MOOSA, SHAFEER MANZIL, CHERUPARAMBATH HOUSE, ERAMALA P.O., VATAKARA TALUK. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ................................. Crl.M.C..No.2048 of 2010 .................................... Dated:10.06.2010 ORDER Petitioner, who is the complainant in a prosecution under Section 138 of the N.I.Act, 1881 in S.T.No.153/2007 on the file of the J.F.C.M, Vadakara, challenges Annexure A1 order dated 24.5.2010 passed by the court below refusing his application under Section 311 Cr.P.C to re-open his evidence. The case stands posted for hearing of arguments after the conclusion of the trial. 2. I am not going into the merits of the petitioner's case, in view of the proposed liberty to be given to the petitioner. Since the order passed by the court below gives reasons in support of the same, I am not inclined to interfere with the said order . This Crl.M.C is accordingly dismissed. However, in case the case ends in an acquittal of the accused and the petitioner files an appeal against acquittal, he shall be entitled to challenge the impugned order in C.M.P.No.2587/2010 in such appeal. Dated this the 10th day of June, 2010. V. RAMKUMAR, JUDGE sj