IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 2068 of 2008(U) ------------------------- CC.300/2004 of J.M.F.C.-I, ALUVA .................... PETITIONER: ------------ P.A.NIAMATHULLA AGED 42 YEARS, S/O.P.M.ABDUL KAREEM, KANNATTUPADAVIL HOUSE, U.C.COLLEGE P.O., ALUVA. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENTS: ------------- ASHRAF ALI, KALATHIL HOUSE, U.C.COLLEGE P.O., ALUVA-2. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J ...................................... W.P. (C) No. 2068 of 2008 ...................................... Dated: 21st January 2008 JUDGMENT Petitioner is the accused in C.C. No. 300 of 2004 before the J.F.C.M., Aluva for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881. The proof affidavit in the case was filed on 22-12-2007. When the case was taken up for trial, the petitioner's counsel requested for an adjournment to cross-examine the complainant after getting instructions from the petitioner. The learned Magistrate granted two adjourments and posted the case on 7-1-2008 on condition that the petitioner pays cost of Rs. 500/-. According to the petitioner he was out of station and was before the Hon'ble in the Supreme Court of India in connection with a case pending before the supreme Court of India. On 7-1-2008 when the case was taken up the petitioner's counsel was not permitted to cross-examine the complainant without paying the costs already ordered. According to the -:2:- petitioner, the case was thereafter posted on 14-1-2008 for 313 examination . The petitioner would have it that he examined under Sec. 313 Cr.P.C. and the case was adjourned to 18-1-2008 for defence evidence and on 18-1- 2008, the case was posted for hearing arguments. 2. Even assuming that the petitioner was held up in the Supreme Court he has admittedly come back and whether for good reasons or bad, he has not cared to pay the costs and avail of the opportunity to cross-examine the complainant. Accordingly, if the petitioner pays the cost of Rs. 500/- already ordered by the learned Magistrate, within one week from today, he shall be permitted to cross- examine the complainant and the case shall be, on the same day or immediately thereafter taken up for examination of the petitioner under Sec. 313 Cr.P.C. and posted to a convenient date for defence evidence, if any. This Writ petition is disposed of with the above direction. Sd/- V.RAMKUMAR, (JUDGE). ani /true copy/ -:3:-