IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Crl.MC.No. 2096 of 2010() ------------------------- AGAINST THE ORDER DATED 11/06/2010 IN CRMP 2402/2010 IN CC.647/2008 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOZHIKODE .................... PETITIONER(S): PETITIONER/ACCUSED ------------------------------------------------------------------ O.C.KURIAKOSE,S/O.CHAKKAPPAN, AGED 58 YEARS, AJITH NIVAS, KODIMATHA P.O., KOTTAYAM. BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------------------------------------------------ 1. IDEAL PUBLICATIONS REP.BY AUTHORIZED REP.V.T.MOHAMMED JALEEL, MADHYAMAM DAILY, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU SRI.DEVAPRASANTH.P.J. FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2096 of 2010 = = = = = = = = = = = = = = Dated this the 8 th day of July, 2010 ORDER Petitioner, who is the accused in C.C.No.647/2008 on the file of the J.F.C.M-I, Kozhikode, which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.3254/- seeks an order to re-open the case and permit the petitioner's counsel to re-examine PW1, the complainant. 2. I heard both sides. I also perused the report dated 19.6.2010 from the Magistrate. The petitioner was in fact given an opportunity to cross-examine PW1/complainant. But he did not avail of that opportunity, when PW1 entered the witness box offering himself to be cross-examined. However, I am not denying the petitioner's opportunity to cross-examine PW1. The learned counsel for PW1 submits that PW1 shall offer himself for examination on any day fixed by this Court. Accordingly, PW1 shall appear before the court below on 19.7.2010 on which day the defence counsel shall also be ready to cross-examine PW1. Crl. M.C. No. 2096 of 2010 2 In case this opportunity to cross-examine PW1 is not availed of by the petitioner, he shall not thereafter complain of any denial of opportunity and the learned Magistrate may thereafter proceed to the next stage. This Crl.M.C is disposed of as above. Dated this the 8th day of July, 2010. V. RAMKUMAR, JUDGE sj