IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Crl.MC.No. 2819 of 2008() ------------------------- ST.824/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER: ------------ SUNITHA MOHAN, W/O.MOHAN, TC.31/1005, AVITTOM, PALKULANGARA PUTHEN ROAD, THIRUVANANTHAPURAM. BY ADV. SRI.B.SATHIQ SRI.C.ANIRUDHAN RESPONDENTS: ------------- 1. MANOJ, MANJU NIVAS, MANNAMOOLA, PEROORKKADA, THIRUVANANTHAPURAM. 2. ARUN V.NAIR, SOMA VILASOM, TC.10/976 MANNAMOOLA, PEROORKKADA, THIRUVANANTHAPURAM. 3. N.S.ANITH KUMAR, GOBHA NIVAS MANNAMOOLA, DO.DO. 4. SUJITH.S.V., KUMARAVILASOM EANIKKARA KARAKULAM, THIRUVANANTHAPURAM. 5. SUB INSPECTOR OF POLICE, PEROORKKADA POLICE STATION, PEROORKKADA, THIRUVANANTHAPURAM. 6. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.K.J.SAJI ISAAC FOR R4 DR.ELIZABETH VARKEY FOR R4 SRI.T.A.UNNIKRISHNAN FOR R2 SRI.K.SATHEESH KUMAR FOR R2 PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.2819 of 2008 ---------------------------------------- Dated this the 28th day of August 2008 O R D E R Against the petitioner, three cases are pending, all under Section 138 of the Negotiable Instruments Act before the learned Judicial First Class Magistrate Court-II, Thiruvananthapuram as S.T.Nos.824, 958 and 1245 of 2007. According to the petitioner, the cheques in those cases have been misutilised and forged by the complainants concerned to initiate false prosecutions against her. On her complaint, crime No.266/07 of Peroorkkada police station was registered. The prayer was that trial in the 138 cases may not be allowed to proceed before investigation is completed in crime No.266/07. 2. The learned Public Prosecutor was directed to take instructions. The learned Public Prosecutor reports that investigation in crime No.266/07 of Peroorkkada police station is over long back and that C.C.No.816/2007 has been registered before the same court, that is J.F.C.M-II, Thiruvananthapuram on the basis of the final report in crime No.266/07. Crl.M.C.No.2819/08 2 3. I am, in these circumstances, satisfied that no further directions need be issued in this Criminal Miscellaneous Case. It shall be open to the petitioner to make a request before the learned Magistrate that all the four cases, that is S.T.Nos.824, 958 and 1245 of 2007 as also C.C.No.816/07 must be heard and disposed of simultaneously. If the learned Magistrate is satisfied that the allegations in these cases are in the nature of a case and counter cases, the learned Magistrate must pass appropriate orders in such applications. 4. With the above observations, this Criminal Miscellaneous Case is dismissed as agreed. (R.BASANT, JUDGE) jsr Crl.M.C.No.2819/08 3 The petitioner, a woman, is the accused in three prosecutions all under Section 138 of the Negotiable Instruments Act. The cheques concerned have been dishonoured on 03/05/2007 and thereafter. Those complaints have been initiated against the petitioner by respondents 2 to 4. According to the petitioner, a woman, the first respondent was the manager of a shop and signed blank cheques of the petitioner were available with the first respondent in connection with the business that was transacted. Those cheques are being misutilised by respondents 2 to 4 in collusion with the first respondent. The three cases - all those cases are pending before the learned J.F.M.C-II, Thiruvananthapuram have reached the stage of trial. But the crime registered on 4/5/2007 on the basis of the complaint filed by the petitioner against respondents 1 and 2 is even now under investigation. That investigation has not been completed. 2. The short prayer is that the trial in the three prosecutions under Section 138 of the Negotiable Instruments Act may not be permitted to commence till the investigation is complete. 3. Heard. Admitted. Issue notice to respondents 1 to 4 by speed post with acknowledgment due. Simultaneously give Crl.M.C.No.2819/08 4 notice to the learned counsel for those respondents who are appearing before the court below and file a memo to that effect within a period of fifteen days. 4. There shall be a direction that the trial in the three prosecution under Section 138 of the Negotiable Instruments Act pending before the J.F.M.C-II, Thiruvananthapuram (S.T.Nos.824,958 and 1245 of 07) shall stand stayed till the next date of posting. The learned Public Prosecutor shall take instructions about the stage of investigation in crime No.266/07 of Peroorkkada police station. I need only mention that I expect the investigating officer to expeditiously complete the investigation in that case. Call on 18/8/2008. (R.BASANT, JUDGE) jsr Crl.M.C.No.2819/08 5 Crl.M.C.No.2819/08 6 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008