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. 2462 of 2009() ------------------------- (ST.119/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA) .................... PETITIONER(S): 2ND ACCUSED: ----------------------------------------------- ANNAMMA CHACKO, W/O.LATE THOMAS CHACKO, AGED 84 YEARS, PEEDEYEKKAL HOUSE, THIRUVALLA. BY ADVS. SRI.GEORGE CHERIAN (THIRUVALLA), SMT.LATHA SUSAN CHERIAN. RESPONDENT(S): STATE AND COMPLAINANT: ---------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. IYPE MATHEW KOVOOR, S/O.MATHEW, KOVOOR HOUSE, CHUMATHRA, KUTTUPPUZHA, THIRUVALLA. 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: Kss CRMC.NO.2462/2009 APPENDIX PETITIONER'S ANNEXURES: 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. 21/01/09 FILED UNDER SECTION 147 OF N.I. ACT. ANNEX.D: COPY OF THE ORDER DTD. 21/1/09. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.2462 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 2nd accused in S.T No. 119 of 2009 on the file of the Judicial First Class Magistrate, Thiruvalla for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. . The accused persons in the case are partners in a partnership firm. The complainant having settled the case against one of the partners, cannot proceed against the other partner 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. B.P. RAY, JUDGE. rv