IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Crl.MC.No. 557 of 2006() ------------------------ AGAINST THE ORDER DATED 7.2.06 IN CRMP.4040/05 IN CC.32/2005 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER: ACCUSED ------------------- JOHNY M.VARRIKKAT, S/O.MANI, VARRIKKAT, DEVAMATHA PLANTATIONS, MOONNEKKAR P.O., KARIMBA, PALAKKAD DISTRICT. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ARUN CHAND, S/O.SARGADHARAN, VELUTHAMANA, KARUNALAYAM, PONOTH ROAD, KALOOR P.O., KOCHI-17. BY PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU ADV. SRI.B.RAMAN PILLAI FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.880/06 IN CRL.M.C.NO.557/06 DISMISSED 25.6.08 SD/- (M.C.HARI RANI, JUDGE) M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No.557 OF 2006 ----------------------------------------------------- DATED THIS THE 25th DAY OF JUNE, 2008 O R D E R The petitioner herein is the accused in C.C.No.32/05 pending on the file of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam. The 2nd respondent is the complainant before that court and the offence alleged against the petitioner is under Section 138 of Negotiable Instruments Act. The petitioner has approached this Court with a petition filed under Section 482 of Cr.P.C. to quash Annexure A2, which is the order passed by the Additional C.J.M.(E.O.), Ernakulam in Crl.M.P.No.4040/05 in C.C.No.32/05 dated 7.2.2006 whereby a conditional order has been passed by the learned Magistrate in allowing the petition to cross examine the complainant, PW1 on that day itself. 2. Heard the learned counsel appearing for the petitioner and the 2nd respondent. It is submitted by both counsel that this petition can be disposed of with a direction to the Additional C.J.M.(E.O.), Ernakulam to dispose of the case within a time CRL.M.C.No.557/06 -2- limit, after giving an appearance date to both sides before that court. 3. In the above circumstances, this petition is allowed in part. Both parties are directed to appear before the Additional Chief Judicial Magistrate's Court(Economic Offences), Ernakulam on 07.07.2008 and the learned Magistrate is directed to dispose of the case after giving an opportunity to cross examine the complainant, by the counsel appearing for the accused. The learned Magistrate is directed to dispose of the case within three months from the date of appearance of both parties, that is, from 07.07.2008 in accordance with law. The Crl.M.C. is disposed of as above. M.C.HARI RANI, JUDGE. dsn