IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.MC.No. 567 of 2010() ------------------------ AGAINST THE ORDER IN CMP 87/2009 IN CC.38/2009 of JFCM-III, MAVELIKKARA .................... PETITIONER(S): RESPONDENT/ACCUSED ------------------------------------------------------------------ SANTHOSH ABRAHAM VARGHESE, RADIO CENTRE CELLULAR SERVICE, CCNB ROAD, MULLACKAL, ALAPPUZHA. BY ADV. SRI.GEORGE SEBASTIAN SRI.JAYAN.C.DAS RESPONDENT(S): PETITIONER/COMPLIANANT AND STATE ------------------------------------------------------------------------------------------- 1. P.P.SOMANADHAN PILLAI, AISHWARIYA THAZHAKKARA, MAVELIKKARA, AISHWARIYA COMMUNICATION, NADAKKAVU, MAVELIKKARA. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KRALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR SRI.S.PRAKASH FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.567 of 2010 = = = = = = = = = = = = = = Dated this the 2 nd day of July, 2010 ORDER Petitioner, who is the common accused in C.C.Nos.38 and 39 of 2009 on the file of the J.F.C.M-II, Mavelikkara which are prosecutions under Section 138 of the Negotiable Instruments Act, 1881 between the same parties in respect of similar transactions between the parties, challenges the operative portion of Annexure D order dated 2.1.2010 as per which the learned Magistrate after allowing joint trial of both the cases ordered that C.C.No.39/2009 shall be struck off from the register and returns of the court. 2. Merely because two cases have been ordered to be jointly tried, the identity of one of the cases could not have been obliterated by ordering one of the cases to be strike off from the registers. The said direction to strike off C.C.No.39/2009 is dislodged, maintaining the order for joint trial. This Crl.M.C is disposed of as above. Dated this the 2nd day of July, 2010. V. RAMKUMAR, JUDGE sj