IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Crl.MC.No. 61 of 2009() ------ ----------------------- CC.542/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER/ACCUSED: -------------------------------- AMBOOKAN JOSE VAKKACHAN, AGED 47 YEARS, SON OF LATE MR. JOSE AMBOOKAN, RESIDING AT LAKE VIEW, PAYYA P.O., MALA, THRISSUR, ERNAKULAM DISTRICT BY ADV. SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------- 1. E.M. RAJEEV, AGED, 51 YEARS, SON OF MR. MADHAVAN, ERAMATHU HOUSE, CHOWARA P.O., ALUVA, ERNAKULAM DISTRICT, PIN 683 571 2. STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.61 of 2009 ------------------------------------- Dated this the 5th day of January, 2009 ORDER Petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. He came to this Court with a prayer for quashing the proceedings and by order dated 18.11.08 in Crl.M.C.No.4426 of 2008, that prayer was rejected making it clear that it shall be open to the petitioner to raise the plea of limitation in the trial which has already commenced. It was held that powers under Section 482 Cr.P.C need not be invoked. The petitioner thereafter filed a petition before the learned Magistrate to acquit the accused. That prayer was rejected by the learned Magistrate by the impugned order. The petitioner claims to be aggrieved by the impugned order. 2. As noted earlier, cognizance was taken as early as in 2003. It is admitted that the prosecution evidence is already closed and the matter stands posted for 313 examination. I am, in these circumstances, satisfied that it is not necessary to consider any question piecemeal or as a preliminary issue. The trial can be completed expeditiously. The petitioner can raise all Crl.M.C. No.61 of 2009 2 his contentions before the learned Magistrate. The learned Magistrate while passing final orders in C.C.No.542 of 2003 must consider all the relevant contentions raised by the petitioner and take appropriate decisions. 3. This Crl.M.C is, in these circumstances, dismissed with the above observations. 4. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-