IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Crl.MC.No. 3555 of 2007() ------------------------- AGAINST THE ORDER DATED 14/11/2007 IN CMP 2225/2007 IN CC.299/2004 of JUDICIAL FIRST CLASS MAGISTRATE, KOTHAMANGALAM .................... PETITIONER: ACCUSED ------------------------- P.S.THARAKESHAN, S/O.SREEDHARAN, PONETHU HOUSE, BEHIND VARKEY BAKERY, PALARIVATTOM, ELAMKULAM VILLAGE, KALOOR, ERNAKULAM. BY ADV. SRI.M.TRIPTEN RESPONDENTS: COMPLAINANT AND STATE ------------------------------------------------ 1. M.T.SKARIA, S/O.THOMAS, MUKALEL HOUSE, VARAPETTY VILLAGE, VARAPETTY KARA, KOTHAMANGALAM. PIN: 685 691. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR SRI.PEEYUS A.KOTTAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2008, ALONG WITH CRL.M.C NO3556 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. Nos. 3555 & 3556 of 2007 ========================== Dated this the 23rd day of January, 2008. ORDER The common petitioner in these petitions is the common accused in C.C. Nos. 296 and 299 of 2004 on the file of the Judicial First Class Magistrate, Kothamangalam both of which are prosecutions under Section 138 of the Negotiable Instruments Act in respect of a cheque for a sum of Rs. one lakh in each case. The complaint was filed in the year 2004. The trial of the case started in the year 2005. After the complainant's evidence was over, the case was posted for examination of the petitioner under Section 313(1)(b) Cr.P.C and he was, after a few adjournments, examined under Section 313 Cr.P.C and the case was thereafter, posted for defence evidence. He had filed petitions under Section 315 Cr.P.C to examine himself as a witness in support of the defence. But, he did not turn up before the court below despite four adjournments granted. The reason stated is that he had undergone an Angioplasty in December, 2006. Even the medical certificate produced as Annexure A3 issued by the Medical Trust Hospital, Ernakulam shows that he was discharged in a stable condition after the Angioplasty except for the advice that he should limit his travel. There is nothing to indicate that he is incapable of Crl. M.C. No. 3555 and 3556 of 2007 : 2: appearing before the court and give evidence. The Angioplasty was conducted more than one year ago. He is aged only 46 years. Under these circumstances, I am inclined to give the petitioner a last opportunity to examine himself and adduce such other evidence which he might deem fit in rebuttal. Accordingly, Annexure A6 order dated 14.11.2007 in each of these cases is set aside and the petitioner is given a last opportunity to adduce defence evidence. He shall appear before the Judicial First Class Magistrate, Kothamangalam on 18.02.2008 and adduce such evidence as he may deem fit including his own examination as a witness. His evidence shall be completed either on 18.02.2008 or on such day to which the case is posted by the Magistrate. The case shall thereafter be taken for orders and disposed of expeditiously. These Crl. M.Cs are disposed of as above. V. RAMKUMAR, JUDGE. rv Crl. M.C. No. 3555 and 3556 of 2007 : 3: