IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Crl.MC.No. 5033 of 2008() ------------------------- CC.2560/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER(S): ACCUSED ---------------------- 1. M/S.SOMETHING SPECIAL PACK, REPRESENTED BY K.P.CHRISTOPHER, MARARIKULAM NORTH, S.N.PURAM, CHERTHALAI 688 582. 2. K.P.CHRISTOPHER, AGED 73 YEARS, KADAMPATTU HOUSE, VALLICHERRY WARD, ALAPPUZHA. BY ADV. SRI.ASHIK K.MOHAMMED ALI RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S.AYYAPPA PAPER COMPANY (P) LTD., REPRESENTED BY A.R.K.N PERIYAKARUPPAN, XL/2269, ERNAKULAM MERCHANTS ROAD, COCHIN - 682 031. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/01/2009 ALONG WITH CRL.M.C.NO.5035 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.Nos.5033 & 5035 of 2008 ---------------------------------------- Dated this the 1st day of January 2009 O R D E R Petitioners face indictment in two separate prosecutions both before the learned J.F.C.M-II, Ernakulam and both under Section 138 of the Negotiable Instruments Act filed by the same complainant. The matters came up for trial on 20/12/2008. An affidavit in chief under Section 145 of the N.I.Act was filed. Petitioners' counsel was not available and thereupon making a note that there was no cross-examination, the cases were posted for 313 examination. On that day, the counsel made an application requesting that he may be given an opportunity to recall the complainant and cross-examine him. Those petitions were also dismissed. 2. The petitioner has come to this court now with the grievance that he has been deprived of the opportunity to cross- examine the complainant in both cases. It is prayed that appropriate directions may be issued. 3. Having considered all the relevant circumstances, I am satisfied that these petitions can now be dismissed with the Crl.M.C.No.4892/08 2 specific observation that if the petitioners make an application at the defence stage for opportunity to cross-examine the deponent in both cases, the learned Magistrate must consider the same and pass appropriate orders granting such an opportunity subject of course to appropriate terms as may be fixed by the learned Magistrate. 4. With the above observations, these Crl.M.Cs are dismissed. 5. Hand over copy of this order to the learned counsel for the petitioner straight away. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.4892/08 3 Crl.M.C.No.4892/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008