IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Crl.MC.No. 2824 of 2008() ------------------------- CC.1121/2000 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER: ------------ S.PANKAJAKSHAN, S/O LATE SNAKARAN, AGED 59 YEARS, CHAKKNTHARA KADAVIL HOUSE, AROOR P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON RESPONDENTS: ------------- 1. C.V.SABU, CLERK, D E O OFFICE, ERNAKULAM. 2. DISTRICT COLLECTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2824 of 2008 ------------------------------------- Dated this the 25th day of August, 2008 ORDER The learned Public Prosecutor reports and the counsel for the petitioner accepts that the order of attachment has already been effected by the 2nd respondent, District Collector. The learned Public Prosecutor reports that it is incorrect to say that attachment has not been effected. Attachment was effected as per mahazar dated 19.08.08. 2. The report of the learned Magistrate has also been perused by me. It is evident that the petitioner is not now interested in prosecuting this Crl.M.C. In as much as the attachment of property has already been effected w.e.f 19.08.08, no further directions are necessary in this Crl.M.C. 3. This Crl.M.C is, in these circumstances, dismissed as unnecessary. (R.BASANT, JUDGE) rtr/- Crl.M.C. No.2824 of 2008 2 R.BASANT, J ------------------------------------ Crl.M.C. No.2824 of 2008 ------------------------------------- Dated this the 29th day of July, 2008 Crl.M.C. No.2824 of 2008 3 ORDER Petitioner is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act. Cognizance was taken as early as in 2000. The accused was a clerk in the D.E.O's office, Ernakulam. The accused had appeared before the learned Magistrate at the initial stage. But subsequently he has been absconding. Coercive processes have been issued against the 1st respondent. But his presence has not been secured so far. He allegedly owns vast extent of properties. But no steps have been taken to attach his properties though the learned Magistrate had issued directions under Sections 82 and 83 Cr.P.C. 2. I am satisfied that report of the learned Magistrate must be called for. The learned Magistrate shall submit a report explaining the steps that have been taken by now to attach the properties of the 1st respondent. The 2nd respondent shall ensure that steps as directed by the learned Magistrate are taken forthwith and compliance is reported to the learned Magistrate. If any fresh directions under Sections 82 and 83 Cr.P.C are to be issued, the same shall be done by the learned Magistrate Crl.M.C. No.2824 of 2008 4 forthwith. 3. Call on 25.08.08. 4. I need only mention that I expect proper steps to be taken under Sections 82 and 83 Cr.P.C by the learned Magistrate and also by the 2nd respondent by that date. Report of the steps taken shall be made to this Court by the 2nd respondent by that date. Await report of the learned Magistrate also. 5. Hand over a copy of this order to the learned Public Prosecutor for immediately conveying the direction to the 2nd respondent. (R.BASANT, JUDGE) rtr/-