IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 19853 of 2007(L) -------------------------- PETITIONER(S): --------------- C.M.GOPI, CHERUKUNNEL HOUSE, ADIMALY P.O IDUKKI.DIST-685561. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE,ADIMALY POLICE STATION ADIMALI P.O.,IDUKKI DISTRICT. 2. K.C. BABU @ POTHAN BABU S/O,CHANDY KOCHUTHOTTUMKAL HOUSE,KALIKKADAVU, BEEMANADY VILLAGE,HOSEDURGE TALUK. 3. BABU JOHN,S/O.JOHN, ILLICKATHARAPPEL HOUSE (ILLIKKANIRAPPEL), PALAKKUZHA KARA, MUVATTUPUZHA TALUK. 4. ROY KURIAN @ BLACK ROY, THANNIKKOTTIL HOUSE, CHELAD KARA, KOTHAMANGALAM. 5. KOCHUMATHEW.M.JOSEPH, SRAGATH HOUSE, GREENS ROAD, COLLEGE JUNCTION,KOTHAMANGALAM. 6. P.K.MATHAI, S/O.KURUVILA PUTHENPARAMBIL HOUSE, KUROOR KARA, KOTHAMANGALAM. BY GOVERNMENT PLEADER SRI.S.U.NAZAR ADV. SRI.SHAJI P.CHALY FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.19853 of 2007 ------------------------------------- Dated this the 25th day of November, 2008 JUDGMENT Against the petitioner, a prosecution under Section 138 of the Negotiable Instruments Act is pending before the Judicial Magistrate of the First Class, Hosdurg as C.C.No.124 of 2006. In respect of the very same cheque involved in that prosecution, allegations are raised in Crime No.232 of 2007 registered at the Adimali Police station. Trial in C.C.No.124 of 2006 was about to commence and at that stage the petitioner came to this Court with a grievance that allegations in the 2 cases being in the nature of allegations and counter allegations, proceeding with the prosecution under Section 138 of the Negotiable Instruments Act before completion of investigation in the crime registered would be unjust. 2. Now it is reported to the Court that the final report has already been filed in Crime No.232 of 2007 of Adimali Police Station. It is a positive final report. The learned Magistrate has been requested to take cognizance. It appears that cognizance has already been taken though the number of the case is not furnished. W.P(C). No.19853 of 2007 2 3. In these circumstances, now no grievance can survive. It is for the petitioner or the respondents herein to take appropriate steps to ensure that both cases are disposed of by the same court as the allegations in the 2 cases are in the nature of allegations and counter allegations. It is submitted that in the final report filed in Crime No.232 of 2007, there are more parties than the parties arrayed in this case. The prayer for transfer has not been made in this application and other accused have not been served also. Hence the direction for transfer cannot be given in this Writ Petition. 4. This Writ Petition is accordingly dismissed, but with the specific observation that either party can, by instituting appropriate proceedings, claim transfer of either cases to ensure that both cases are disposed of by the same court. (R.BASANT, JUDGE) rtr/-