IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 3246 of 2010() ------------------------- AGAINST THE ORDER IN STC 173/08 IN CMP.3153/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... PETITIONER(S): ------------------------ N.C. ASHOKAN, S/O. GOPALAN, AGED 44 YEARS, VANIYANKANDY HOUSE, MUNDERI AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): ACCUSED & STATE ------------------------------------------------------------- 1. C.SASI, S/O. BALAN, AGED 43 YEARS, PROPRIETOR, PUZHPA READYMADES, JUBILIEE SQUARE SHOPPING COMPLEX, OLD BUS STAND THALASSERY, RESIDING AT SOUPARNIKA, 4TH MILE, P.O.PONNIAM WEST, THALASSERY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3246 of 2010 = = = = = = = = = = = = = = Dated:16.08.2010 ORDER Petitioner is facing trial for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 as S.T.Case No.173/2008 before the J.F.C.M, Thalassery. Long after the commencement of the proceedings, he claims to have filed a private complaint as C.M.P.No.3153/2009 alleging offences punishable under Sections 468,420 IPC etc. 2. The grievance of the petitioner is that the said complaint is not being taken up whereas S.T.C.No.173/2008 has reached the stage of examination under Section 313 Cr.P.C. The petitioner claims to have filed Annexuere A6 petition as C.M.P.No.46/2010 for a stay of S.T.Case No.173/2008 for the purpose of joint trial of the said case with C.M.P.No.3153/2009. This Crl.M.C is disposed of directing the Magistrate to dispose of Annexure A6 petition expeditiously. I shall not be taken as having made any observation on the merits of the rival contentions in both the cases. Dated this the 16th day of August, 2010. V. RAMKUMAR, JUDGE sj