IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 Crl.MC.No. 1134 of 2011() ------------------------------- CC.940/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S): ACCUSED: -------------------------------- MANI.C.KAPPAN, S/O.CHERIAN KAPPAN, PROPRIETOR M/S.OKAY PICTURES, 40/80/3 VALIAVEETTIL COMPLEX, CHITTOOR ROAD, COCHIN-18. BY ADV. SRI.DEEPU THANKAN RESPONDENT(S): COMPLAINANTS & STATE: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 31. 2. VASUMATHI, W/O.LATE SIVARAJ, 473, MUSEUM CROSS LANE, CHEMBUKAVU, THRISSUR- 680 001. 3. SARAVANAN, S/O.LATE SIVARAJ, 473, MUSEUM CROSS LANE, CHEMBUKAVU, THRISSUR- 680 001. 4. SREEHARI, S/O.LATE SIVARAJ 473, MUSEUM CROSS LANE, CHEMBUKAVU, THRISSUR- 680 001. R1 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1134 of 2011 --------------------------------------- Dated this 27th day of May, 2011 ORDER Petitioner is accused in C.C.No.940 of 1999 of the Court of learned Judicial First Class Magistrate-I, Ernakulam for offence punishable under Sec.138 of the Negotiable Instruments Act. Respondents 2 to 4 are the legal heirs of the deceased original complainant. When the case was posted for trial to record the evidence of respondents 2 to 4, petitioner approached this Court on 05.04.2011 with a request to grant two months' time for “his examination under Sec.313 of the Code of Criminal Procedure and to cross examine the complainant”. The ground stated was that petitioner was contesting the assembly election and was therefore unable to attend the Court then. This Court on 05.04.2011 had directed the learned Judicial First Class Magistrate, Ernakulam to keep the proceeding in abeyance until further orders. Now, the assembly elections are over and the results are also declared. The purpose for which criminal miscellaneous case is filed has already been achieved. Hence it is not necessary to retain this criminal miscellaneous case. Crl.M.C.No.1134 of 2011 -: 2 :- This criminal miscellaneous case is closed, vacating the interim order dated 05.04.2011. It is open to the learned Judicial First Class Magistrate, Ernakulam to proceed with proceeding in C.C.No.940 of 1999. Petitioner shall be given opportunity to contest the proceeding. (THOMAS P JOSEPH, JUDGE) Sbna/-