IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 OP(Crl.).No. 1381 of 2011(Q) ---------------------------------------- [CC.NO.274/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-V, THIRUVANANTHAPURAM] .................... PETITIONER: ------------------- ANTONY SILVERY FERNANDEZ, KINGSON VILLA, T.C. 44/626, VALIYATHURA, VALLAKADAVU P.O, THIRUVANANTHAPURAM. BY ADVS. SRI.M.BALAGOVINDAN, SRI.T.K.ANANDA PADMANABHAN. RESPONDENTS: ------------------------ 1. SATHEESH JOSEPH PEREIRA, SABRINAS, V.P. VIII/641, VAZHOTTUKONAM, KODUNGANNOR VATTIYOORKAVU P.O, THIRUVANANTHAPURAM – 695 002. 2. NORBERT LAWRENCE T.C.71/3320, VALIYATHURA, VALLAKADAVU P.O, THIRUVANANTHAPURAM – 695 005. BY THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 05/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) 1381 of 2011 ==================================== Dated this the day of April, 2011 J U D G M E N T Petitioner is the de facto complainant in C.C. No.274 of 2008 of the court of learned Judicial First Class Magistrate-V, Thiruvananthapuram for offences punishable under Section 420 read with Section 34 of the Indian Penal Code. That concerned a cheque allegedly issued in favour of respondents 1 and 2. According to the petitioner he had given 10 cheques to the first respondent as security and two cheques out of those 10 cheques were misused by respondents 1 and 2. In one case petitioner was acquitted and in the other, he was convicted. Conviction is under challenge in appeal. Request of petitioner is that until decision in the appeal. trial of C.C. No.274 of 2008 referred to above may be deferred. Learned counsel submitted that petitioner has filed C.M.P.No.1181 of 2021 before the learned Magistrate for deferring trial as above stated and the said petition is not disposed of so far . I have heard Public Prosecutor also. 2. I am not going into the merit of the contention raised since C.M.P. No.1181 of 2011 is not disposed of as the learned O.P(Crl.) No.1381 of 2011 -: 2 :- counsel submits. Hence learned Judicial First Class Magistrate-V, Thiruvananthapuram is directed to dispose of C.M.P. No.1181 of 2011 before scheduling C.C. No.274 of 2008 for trial. Criminal Miscellaneous Case disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv