IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 Crl.MC.No. 4907 of 2008() ------------------------- ST.2257/2003 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): 2ND ACCUSED: --------------------------- C.P.JOHN @ BOBAN, AGED 47, MANAGING PARTNER, C.V.PHILIPHOSE SONS, CROSS JUNCTION, THIRUVALLA. BY ADV. SRI.JOSEPH GEORGE RESPONDENT(S): COMPLAINANT: --------------------------- 1. SABU N.V., AGED 50, S/O.LATE N.C.VARGHESE, PARTNER SUPER PAINTS, KANDANAD, RESIDING AT NADAKKAL HOUSE, HILL PALACE ROAD, TRIPUNITHURA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2009, ALONG WITH CRMC NO.4911 OF 2008, CRMC NO.5046 OF 2008, CRMC NOS.159 & 160 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.4907, 4911, 5046 of 2008, 159 & 160 of 2009 ------------------------------------- Dated this the 13th day of January, 2009 ORDER In these 5 petitions, the common petitioner is the accused and the respondents are the complainants in 5 prosecutions - all under Section 138 of the Negotiable Instruments Act. Though several grounds are raised in the Crl.M.Cs, at the stage of hearing, there is an agreement between the parties that all attempts shall be made to settle the dispute by 01.04.09. On or before that date, they shall attempt to report settlement and composition before the learned Magistrate. In case the case is not disposed of by that date, there may be a direction to the learned Magistrate to expeditiously dispose of the 5 cases, submit both counsel. 2. I am satisfied that the request can be accepted. The learned Magistrate shall post all the cases to 01.04.09. On or before that date, the petitioners shall have the opportunity to report composition/settlement. If the matter is not settled, the learned Magistrate must attempt to dispose of the matter as Crl.M.C. Nos.4907, 4911, 5046 of 2008, 159 & 160 of 2009 2 expeditiously thereafter as possible - at any rate, within a period of 60 days from that date. 3. Coercive processes against the petitioner shall not be executed if the petitioner appears before the court on the next day through counsel. 4. These Crl.M.Cs are accordingly dismissed, but with the above observations. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-