IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Crl.MC.No. 1073 of 2008() ------------------------- AGAINST THE ORDER IN CMP.4829/2007 IN CC.617/2003 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ACCUSED: ---------------------------------------- DR.MOHAMMED IQBAL, NAJATH HOSPITAL, ALUVA. BY ADV. SMT.MEREENA JOSEPH RESPONDENTS: RESPONDENTS: ----------------------------------------------------- 1. M/S.CARBON DIOXIDE LTD., 11/531, CIVIL LINES ROAD, BMC, ERNAKULAM, REPRESENTED BY ITS MANAGER, P.SUDHEESHAN. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1073 of 2008 = = = = = = = = = = = = = = Dated this the 24th day of March, 2008 ORDER The petitioner, who is a medical practitioner and who is the accused in C.C.No.617/2008 on the file of the J.F.C.M-1, Aluva in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, involving a cheque for Rs.2,18,000/-, challenges Annexure A2 order dated 22.12.07 by which the learned Magistrate was indulgent enough to permit the petitioner to cross-examine the complainant on another day on payment of a sum of Rs.1,000/- as cost. After the complainant was examined in chief, the petitioner's counsel had sought an adjournment for cross-examination to another date. That request was allowed as per the impugned order. I see no ground to interfere with the discretion exercised by the learned Magistrate. The petitioner is, however, given two weeks' time from today to deposit the cost, in which event he shall be given an opportunity to cross-examine the complainant. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj