IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Crl.MC.No. 2890 of 2011() ------------------------- CC.407/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER/COMPLAINANT: --------------- M/S.HARRISONS MALAYALAM LTD, REGISTERED OFFICER, BRISTOW ROAD, WILLINGDON ISLAND, KOCHI-682003 REP.BY ITS ACCOUNT ASSISTANT,SAREESH K.J. BY ADV. SRI.K.R.SUNIL RESPONDENT/ACCUSED: --------------- 1. M.SHAHABUDEEN, M/S.GOLDEN AGENCIES, NALVARAVU BUILDING,MAIN ROAD, KALIYIKAVILAI, PIN-629153 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, R2 BY PUBLIC PROSECUTOR SRI. VENUGOPAL M.R. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL. M.C.No.2890/2011 APPENDIX PETITIONER'S EXHIBITS ANNEXURE-A1 - TRUE COPY OF THE PETITION FOR RE-OPENING THE EVIDENCE. ANNEXURE-A2 – TRUE PHOTOCOPY ADDITIONAL DOCUMENT FILED BY THE PETITIONER DATED 15-07-2011. ANNEXURE-A3– TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT BEFORE THE COURT BELOW ON 4-8-2011. ANNEXURE-A4– CERTIFIED COPY OF THE ORDER DATED 18-08-2011 IN CMP NO.2427/2011 IN CC NO.407/2008. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG N.K.BALAKRISHNAN, J ----------------------------------------- Crl. M.C. No. 2890 of 2011. ------------------------------------------ Dated this the 29th day of August, 2011. ORDER The application for re-opening the evidence and to accept the additional document was filed by the petitioner. It was allowed by the court below on condition of payment of Rs.1,000/- to be paid within 10 days of the order. The order was passed on 04.08.2011. The learned counsel submits that as it was omitted to be noted and as there was omission on his part to pay the cost of Rs.1,000/- on or before 14/08/2011 the learned Magistrate rejected the petition. 2. The cost was not paid within the time and admittedly the petition was subsequently dismissed by the learned Magistrate. Now the case is stated to be posted on 12/09/2011. Ordering notice on the respondent would delay the proceeding. The court below was inclined to allow the petition though on payment of cost. Hence it is only just and proper that the petition is allowed enabling the Crl. M.C. No. 2890 of 2011 2 petitioner to deposit the cost on or before 12.09.2011. The case will stand allowed on deposit of cost of Rs.1,000/- as ordered by the learned Magistrate. N.K. BALAKRISHNAN, JUDGE smvd