IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH MARCH 2007 / 7TH CHAITHRA 1929 Crl.MC.No. 1086 of 2005() ------------------------- C.C.NO.375/02 BEFORE THE J.F.C.M.-II, KOCHI PETITIONER: ACCUSED: -------------------- V.J. MARY, VALLOMTHYIL VEEDU, MUNDAMVELI, COCHIN-7. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SMT.S.A.SHERLY SRI.M.T.AJITH RESPONDENTS: ------------- 1. K. RAVEENDRAN NAIR, RATHEESH BHAVAN, KALAMASSERY SOUTH, ERNAKULAM. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB R1 BY ADV. SRI.DINESH MATHEW J.MURICKEN SRI.P.T.GOVINDAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1086 of 2005 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of March, 2007 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the N.I. Act. The case was posted for defence evidence. Witnesses were present, but the counsel could not reach the court. The witnesses could not be examined. The learned Magistrate has now posted the case for judgment. The petitioner has come to this Court with a prayer that the petitioner may be permitted to examine the defence witnesses. 2. No serious objection is raised by the learned counsel for the respondent/complainant. The counsel submits that the prayer may be allowed on appropriate conditions, as the respondent/complainant has been unnecessarily dragged to this Court and there has been unjustified protraction of the proceedings, all because the petitioner did not get ready for examination of the defence witnesses. I am, in these circumstances, satisfied that the petitioner can be granted an opportunity to examine the defence witnesses, subject to the Crl.M.C.No. 1086 of 2005 2 condition that the petitioner must pay cost of Rs.500/- to the respondent/complainant. 3. This Crl.M.C. is hence allowed to the above extent. (R. BASANT) Judge tm