IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Crl.MC.No. 2454 of 2009() ------------------------------------ ST.261/2009 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA C.C. NO.1364/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA .................... PETITIONER(S): -------------------- ANNAMMA CHACKO, W/O.LATE THOMAS CHACKO AGED 84 YEARS, PEEDEYEKKAL HOUSE, THIRUVALLA. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MATHEW VARGHESE, THEMADATH PARAMBU VEEDU THUKALASSERY MURI, THIRUVALLA VILLAGE, THIRUVALLA P.O. R1 BY PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.2454/2009 APPENDIX PETITIONER'S ANNEXRUES ANNEX. A:- COPY OF THE COMPLAINT FILED BY THE SECOND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA. ANNEX.B:- COPY OF THE PARTNERSHIP DEED DTD. 8.11.02. ANNEX .C:- COPY OF THE APPLICATION DTD. 13.2.09 FILED UNDER SECTION 147 OF N.I.ACT. ANNEX.D:- COPY OF THE ORDER DT.D 13.2.09. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.2454 of 2009 - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the accused in S.T No. 261 of 2009 on the file of the Judicial First Class Magistrate, Thiruvalla. The accused persons in the case are partnership firm and the partners in the firm. The complainant having settled the case against one of the partners, cannot proceed against the other partners as well as the firm. There is no appearance on behalf of the opposite party, the complainant. In that view of the matter, I permit the petitioner to raise all relevant points before the trail court by filing appropriate application. If such an application is filed within one month from today, the learned Magistrate shall pass appropriate orders on the said application within two weeks thereafter. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv