IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Crl.MC.No. 249 of 2009() ------------------------ ST.NO.654/08 OF THE JFCM COURT-V, KOTTAYAM. PETITIONER(S): --------------- REMA S. PRABHU, AGED 50 YEARS, W/O. N. SIVANATHA PRABHOO, G.R. PRABHU & SONS, K.K. ROAD, KOTTAYAM, RESIDING AT PRABHOO VILLA, THIRUNAKKARA, KOTTAYAM. BY ADV. SRI.P.K.SHAJU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREE GOKULAM CHITS & FINANCE (P) LTD., BRANCH OFFICE AT PRAKKATTU BUILDING, 1ST FLOOR, CENTRAL JUNCTION, KOTTAYAM, REP. BY ITS POWER OF ATTORNEY HOLDER MR. K.N. RAJESH. BY P.P. SRI.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/1/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 249 of 2009 ------------------------------------------------- Dated this the 16th day of January, 2009 ORDER The petitioner faces indictment in a prosecution for the offence punishable under Sec.138 of the Negotiable Instruments Act. Cognizance has been taken in 2008, it is submitted and that submission is supported by the number assigned to the case i.e., S.T.No.654/08. Evidently, the accused did not adduce defence evidence and the matter stood posted for arguments to 17/1/09. In the meantime, the petitioner had filed one application on 17/12/08 to examine a defence witness. He has long later filed another application on 6/1/09 to forward a document to the expert. The short grievance of the petitioner is that those applications are not disposed of by the learned Magistrate. The petitioner apprehends that the learned Magistrate may proceed to hear Crl.M.C. No. 249 of 2009 -: 2 :- the case and dispose of the same finally before those two petitions dated 17/12/08 and 6/1/09 are disposed of. 2. I have no reason to assume that the learned Magistrate would proceed to dispose of the case before the petitions dated 17/12/08 and 6/1/09 are disposed of. If such petitions have been filed and they are pending, I will assume that the learned Magistrate will dispose of the same in accordance with law before proceeding to dispose of the case. The petitioner must get ready for hearing on 17/1/09. The learned Magistrate can consider the two applications and pass appropriate decision. If the decisions are adverse to the petitioner also, the petitioner must get ready for arguments in the main case. 3. With the above observations, this Crl.M.C. is dismissed. 4. Hand over a copy of this order to the learned counsel for the petitioner for production before the learned Magistrate . (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 249 of 2009 -: 3 :-