IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Crl.MC.No. 2722 of 2008() ------------------------- CC.145/2008 OF JFCM COURT, KASARGOD .................... PETITIONER: ------------ ABDUL RAHIMAN @ R.K. RAHIMAN, AGED 38 YEARS, S/O HASSAN BAPPA, PARTNER, M/S MANGALORE R.K. BEEDIES, RESIDING BEHIND THE MADANI COLLEGE, ALEKALA, P.O. , ULLAL, MANGALORE TALUK. BY ADV. SRI.T.MADHU RESPONDENTS: ------------- 1. M.SHRIDHARA SHETTY, S/O LATE MALINGA SHETTY, RESIDING AT YAMINI ESTATE, MUTTAM, MANGALPADY VILLAGE, P.O. MANGALPADY , KASARGOD TALUK. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2722 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2008 O R D E R The petitioner faces allegations in a prosecution under Section 138 of the N.I. Act. He is the Managing Partner of a partnership firm. Cognizance was taken as early as in 2006. The petitioner did not enter appearance. At long last, after the case was transferred to the list of long pending cases and coercive processes were issued against the petitioner, he entered appearance. That prosecution is now pending as C.C.145 of 2008. That case is posted for trial now. At this stage the petitioner has come to this Court with this petition. 2. What is the grievance? According to the petitioner subsequently in 2008 Crime No.138 of 2008 of Kumbala Police station has been registered under Sections 17 and 18 of Money Lenders Act against the complainant in this case. That case has been investigated. The petitioner has already been questioned in that case. In these circumstances it is prayed that until the Crl.M.C.No. 2722 of 2008 2 investigation into Crime No.138 of 2008 of Kumbala police station is completed, the trial in C.C.145 of 2008 may not be permitted to proceed. 3. What is the reason? What is the connection between the subject matter in Crime No.138 of 2008 and the cheque involved in the instant case? The short contention of the learned counsel for the petitioner is that the petitioner has also been questioned by the police in that case. The cheque issued by the petitioner may also have relevance and bearing in the prosecution under Sections 17 and 18 of the Money Lenders Act. This in short is the only connection between the Sec.138 prosecution against the petitioner and crime No.138 of 2008 of Kumbala police station. 4. I find absolutely no satisfactory reason to direct that the trial and disposal in C.C.145 of 2008 must wait for the outcome of the investigation in Crime No.138 of 2008. No specific connection has been shown between the matter which is being investigated into in Crime No.138 of 2008 and C.C.145 of 2008, which is pending before the learned Magistrate. The learned Magistrate had dismissed the Crl.M.C.No. 2722 of 2008 3 petition filed by the petitioner for identical direction. It is aggrieved by the said order that the petitioner has come to this Court. 5. Having gone through the impugned order and having heard the submissions of the learned counsel for the petitioner, I concur with the conclusions of the learned Magistrate that sufficient nexus have not been shown to exist between the prosecution under Section 138 pending against the petitioner herein and the crime which is now being investigated by the Kumbala police. In the absence of such decisive nexus, the prayer that the trial in C.C.145 of 2008 may be directed to be kept pending till the investigation in Crime No.138 of 2008 is completed, is without any merit. 6. This Crl.M.C. Is accordingly dismissed. (R. BASANT) Judge tm