IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Crl.MC.No. 4389 of 2008() ------------------------- AGAINST THE ORDER DATED 10/11/2008 IN Crl.M.P.No.7196/08 AND CMP.7197/2008 IN ST.2036/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD .................... PETITIONER(S)ACCUSED: --------------- SREEKANTAN PILLAI V., S/O.LATE R.VASUDEVAN THAMBI, CARE TAKER, ITI REST HOUSE, CHANDRA NAGAR, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. RESPONDENT(S):RESPONDENT & COMPLAINANT --------------- 1. A.K.SASANKAN NAIR, S/O.A.G.KESAVAN NAIR, 19/47, ASHA BHAVAN, MANALI, PALAKKAD-1. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR ADV. SRI.O.RAMACHANDRAN NAMBIAR FOR R1 SRI.GEEN T.MATHEW FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4389 of 2008 ------------------------------------- Dated this the 5th day of December, 2008 ORDER Petitioner is the accused in a prosecution under Section 138 of the Negotiable Instruments Act. The matter has reached the stage of defence evidence. The petitioner is aggrieved by an order directing him to pay cost to recall a witness, to examine himself under Section 315 Cr.P.C and to receive a witness list showing the names of 3 witnesses. This Court by order dated 14.11.08 directed that the witnesses can be examined subject to modified conditions. 2. The respondent has entered appearance. I am satisfied that no further directions are necessary and the interim directions can be confirmed. 3. The petitioner has a further grievance that he has not received an opportunity to examine one witness cited in the witness list, ie. witness No.2. He is cited to prove that the accused has handed over cheques and documents to the complainant. It is submitted that the learned Magistrate is insisting that an amount of Rs.500/- must be deposited as cost for issue of summons to the said witness. Crl.M.C. No.4389 of 2008 2 4. To avoid all controversies, it is directed that the petitioner can produce the said witness No.2 before the learned Magistrate on the next date of posting. If he is produced, the learned Magistrate shall proceed to examine such witness and dispose of the case in accordance with law as expeditiously as possible - at any rate, within a period of one month from the date on which a copy of this order is placed before the learned Magistrate. 5. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-