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. 1407 of 2011() ------------------------------------- CC.474/2008 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCES), ERNAKULAM .................... PETITIONER/ACCUSED ---------------------------------- HASHIM, PROPRIETOR, COCOMATS INTERNATIONAL, CIVIL STATION WARD, ALAPPUZHA. BY ADV. SRI.S.RAJEEV RESPONDENTS/COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ROSE MOUNT SHIPPING (INDIA) PVT. LTD., 'AIR LINKS HOUSE' NO.CCXXIV/1394A, PLOT NO.49, VENKITARAMAN ROAD, WILLINGTON ISLAND, COCHIN-682 003, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE AND EXECUTIVE (FINANCE & ADMINISTRATION) MR.N. PRAJOSH. R1 BY PUBLIC PROSECUTOR MR. B.VINOD. R2 BY ADV. SRI.SAJI MATHEW, SRI.DENU JOSEPH. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1407 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-I: COPY OF THE PETITION SUBMITTED BY THE COUNSEL FOR THE ACCUSED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFICES), ERNAKULAM. ANNEXURE-II: COPY OF THE WITNESS SCHEDULE SUBMITTED BY THE COUNSEL FOR THE ACCUSED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCES), ERNAKULAM. ANNEXURE-III: COPY OF THE PETITION SUBMITTED BY THE COUNSEL FOR THE PETITIONER ON 30/04/2011. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1407 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011 ORDER Heard learned counsel for the petitioner, learned counsel for the complainant and the learned Public Prosecutor. 2. Petitioner is an accused in C.C.474/2008 pending on the file of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam for the offence punishable under Section 138 of the Negotiable Instruments Act. This petition is filed with a prayer to set aside the order passed by the learned Magistrate on 20-4-2011 imposing cost of Rs.2,000/- to the petitioner and to permit the petitioner to adduce defence evidence to rebut the presumption. 3. Having heard learned counsel for the parties and having perused the materials available on record, I am not inclined to set aside the order passed by the learned Magistrate. However, I reduce the amount of cost to Rs.500/-. Petitioner is permitted to adduce defence evidence on payment of Rs.500/- as cost. Ordered accordingly. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes