IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Crl.MC.No. 266 of 2006() ------------------------ AGAINST THE ORDER DATED 09/01/2006 IN CRMP.4041 /2005 IN CC.31/2005 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER: ACCUSED. -------------------- JOHNY M.VARRIKKAT, S/O. MANI, VARRIKKAT, DEVAMATHA PLANTATIONS, MOONNEKKAR P.O., KARIMBA, PALAKKAD DISTRICT. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENTS: STATE. ------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADDL.R2 BIJU ANAND, S/O K.S.SADANANDAN, PATHIKKATTIL, POOTHOTTA P.O., ERNAKULAM DISTRICT. (IMPLEADED AS PER ORDER ON CRL.M.A.NO.665/06 DATED 10.2.2006 ) BY PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU FOR R1 ADV. SRI.B.RAMAN PILLAI SRI.GEORGE PHILIP SRI.R.ANIL SRI.RAJU RADHAKRISHNAN SRI.ANIL K.MOHAMMED SRI.DELVIN JACOB MATHEWS THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.545/06 IN CRL.M.C.NO.266/06 DISMISSED 25.6.08 SD/- (M.C.HARI RANI, JUDGE) M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No.266 OF 2006 ----------------------------------------------------- DATED THIS THE 25th DAY OF JUNE, 2008 O R D E R The petitioner herein is the accused in C.C.No.31/05 on the file of Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam. The 2nd respondent herein is the complainant before the concerned court and the offence alleged against the petitioner is under Section 138 of Negotiable Instruments Act. The prayer in this petition is to quash Annexure A1, the order dated 9.1.2006 in Crl.M.P.No.4041/05 in C.C.No.31/05 whereby a conditional order has been passed by the learned Addl.C.J.M.(E.O.), Ernakulam and a chance was given to the accused to cross examine the complainant on payment of cost of Rs.10,000/- to the complainant, on his appearance. 2. Heard the learned counsel appearing for the petitioner and the 2nd respondent. It is submitted by the learned counsel for the petitioner that the amount of cost ordered by the lower court is exorbitant and it may be reduced to Rs.2,000/-. This is opposed by the learned counsel appearing for the first respondent CRL.M.C.No.266/06 -2- and submitted that this order has been passed in the year 2006 and two years time is already elapsed and it can be reduced to Rs.8,000/-. Considering the lapse of time and the circumstances of this case, I am convinced that the cost amount can be reduced to Rs.7,500/- and with that direction this petition can be disposed of. Hence, this petition is allowed in part and the amount of cost ordered by the Addl.C.J.M.(E.O.), Ernakulam in Crl.M.P.No.4041/05, as per order dated 9.1.2006 is reduced to Rs.7,500/-. The accused is directed to pay the cost of Rs.7,500/- to the complainant before 7.7.2008. On payment of cost, both parties are directed to appear before the Additional Chief Judicial Magistrate's Court (Economic Offences), Ernakulam on 07.07.2008. On such appearance, the learned Magistrate is directed to dispose of the case in accordance with law within three months from 07.07.2008. M.C.HARI RANI, JUDGE. dsn