IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 30TH NOVEMBER 2006 / 9TH AGRAHAYANA 1928 Crl.MC.No. 2614 of 2006() ------------------------- AGAINST THE ORDER DATED 22/07/2006 IN CMP.NO.6615/2006 IN CC.798/2005 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER: ACCUSED ------------------- G.CHANDRAN PILLAI, NADEVEETTIL HOUSE, EREZHA NORTH, CHETTIKULANGARA, KANNAMANGALAM VILLAGE, MAVELIKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.P.NAIR, VENATTU AISWARYA, CHERUKOLE, MAVELIKKARA. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- CRL.M.C.NO. 2614 OF 2006 ------------------------------------------------- Dated this the 30th day of November, 2006 ORDER The short prayer made in this petition by the petitioner, an indictee facing prosecution under Sec.138 of the N.I. Act, is that the petitioner may be granted the indulgence of a further opportunity to cross-examine the complainant who could not be cross-examined on the relevant date on account of the personal inconvenience of the learned counsel for the petitioner. 2. The learned counsel for the respondent/complainant does not raise any serious objection. The inconvenience caused to the complainant may be taken note of and appropriate conditions may be imposed. This is the short submission of the learned counsel for the respondent/ complainant. 3. Having considered all the relevant inputs, I am satisfied that the interests of justice demand that the petitioner must be given an opportunity to cross-examine the complainant. Such opportunity is, accordingly, granted and CRL.M.C.NO. 2614 OF 2006 -: 2 :- this Crl.M.C. is allowed on condition that the petitioner deposits or pays an amount of Rs.500/- as costs payable to the complainant/respondent herein within a period of 15 days from this date. 4. This Crl.M.C. is allowed to the above extent. Hand over copy to the counsel forthwith. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge