IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Crl.Rev.Pet.No. 1577 of 2008() ------------------------------ AGAINST THE ORDER DATED 18/01/2008 IN CMP 422/2008 IN CC.681/2006 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... REVN. PETITIONER: PETITIONER/2ND ACCUSED: ----------------------------------------- KURUVILLA GEORGE, C/O. JACOB CHADIPPILLA MAINALODIL HOUSE, VELOOR P.O., KOTTAYAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: STATE AND COMPLAINANT: ----------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SKYLINE SYSTEMS AND SERVICES, DOOR NO.36/1862-C, SEBASTIAN ROAD, KALOOR P.O., KOCHI-682 017, REPRESENTED BY ITS GENERAL MANAGER AND POWER OF ATTORNEY HOLDER MR.RAGHUNATH MENON, S/O.SREEDHARA MENON, SREEKRISHNA NIVAS, THARIPARAMBAL LANE, S.N.JUNCTION,THRIPOONITHURA PO BY PUBLIC PROSECUTOR SRI. P. RAVEENDRA BABU SRI.V.M.KURIAN FOR R2 SRI.MATHEW B. KURIAN FOR R2 SRI.K.T.THOMAS FOR R2 THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P. No. 1577 of 2008 * * * * * * * * * * * * * * * * * * Dated: 4-09-2008 ORDER Heard both sides. The revision petitioner is the common 2nd accused in 5 prosecution cases under Sec. 138 of the Negotiable Instruments Act, 1881. Those cases are pending before the Addl. Chief Judicial Magistrate (Economic Offences, Ernakulam) as C.C. Nos. 681, 683, 685, 687 and 689 of 2006 respectively. Eventhough the transactions are different and the dates of various cheques and the dates of dishonour are different. It is agreed that the transactions are all between the same parties from the accused allegedly purchasing construction materials for the accused allegedly purchasing construction materials from the complainant. The court below dismissed a petition filed as C.M.P. No. 422 of 2008 in C.C. 681 of 2006 seeking joint trial of all the five cases for the reason that transactions are different and also that C.C. 681 of 2006 is advanced. It is admitted by both sides that trial court reached the stage of Sec. 313 examination and there cannot be a joint trial of all other four cases along with C.C. 681 of 2006. However, the other four cases can Crl.R.P. No. 1577 of 2008 -:2:- be permitted to be jointly tried since the witnesses are going to be very same and the nature of evidence are also to be the same. Hence C.C.Nos. 689. 687, 685 and 683 pending before the Addl. Chief Judicial Magistrate, Economic Offences, Ernakulam shall be tried together enabling the recording of common evidence in those 4 cases. The trial of C.C. 681 of 2007 shall, however, be continued and and shall be completed at the earliest. This Crl.R.P. is accordingly disposed of . V. RAMKUMAR, (JUDGE) ani. V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.A. No. 1577 of 2008 in Crl.R.P. No. 1577 of 2008 -:3:- Crl.R.P. 329 of 2002 * * * * * * * * * * * * * * * * * * Dated: 28-02-2008 ORDER