IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 3299 of 2006() ------------------------------------ AGAINST THE ORDER DATED 09/10/2006 IN MP.NO.1675/2006 IN ST.109/2006 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... PETITIONER(S): ----------------------- CLASSIC AGENCIES, 5H, TRANQUIL TOWERS, SEAPORT AIRPORT ROAD, OPP. CIVIL STATION, KAKKANADU, ERNAKULAM, REPRESENTED BY ITS MANAGING PARTNER, MATHEW THOMAS BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON RESPONDENT(S): ACCUSED & STATE: -------------------------------------------------------- 1. A.J. SANDEEP, S/O. A.K. JAISINGH, SANDEEP NIVAS, CHURCH ROAD, NJARACKAL, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3299/2006 APPENDIX PETITIONER'S ANNEXURES: ANNEX A-1 COPY OF THE PETITION CRL.M.P.NO.1675/06 MADE BEFORE THE LEARNED MAGISTRATE DATED 6/10/06. ANNEX A-2 COPY OF THE ORDER IN CRL.M.P.NO.1675/06 DATED 9/10/06. ANNEX A-3 COPY OF THE PETITION IN CRL.M.P.NO.1685/06 DATED 9/10/06. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.3299 of 2011 - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the complainant in S.T. No. 109 of 2006 on the file of the Judicial First Class Magistrate-III, Kochi for an offence punishable under Section 138 of the Negotiable Instruments Act. There is no appearance for respondent No.1 in spite of notice. The petitioner has filed a petition as M.P. No. 1675 of 2006 to examine the Bank Manger of Federal Bank, Ernakulam Branch as a prosecution witness. The learned Magistrate dismissed the said petition holding that the belated petition cannot be entertained. The impugned order dated 09.10.2006 in M.P. No. 1675 of 2006 in S.T. No. 109 of 2006 is set aside and the matter is remitted back to the trial court. The petitioner is permitted to examine the Bank Manger as prayed for in M.P. No. 1675 of 2006 subject to payment of `500 (Rupees five hundred only) to mitigate the prejudice caused to the accused persons. This Crl.M.C is allowed as above. sd/- B.P. RAY, JUDGE. rv