High Court Kerala High Court

Chama Parambath C.P.Ibrahim Haji vs Achan Kandi Muhammedali Haji on 28 September, 2007

Kerala High Court
Chama Parambath C.P.Ibrahim Haji vs Achan Kandi Muhammedali Haji on 28 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3010 of 2007()


1. CHAMA PARAMBATH C.P.IBRAHIM HAJI,
                      ...  Petitioner

                        Vs



1. ACHAN KANDI MUHAMMEDALI HAJI,
                       ...       Respondent

2. MALOCHAL MUHAMMED, S/O. KUNHABDULLA,

3. KARIYATT KUNHAMMED HAJI, S/O.

4. C.K.MOHANAN, S/O. KUMARAN,

5. STATE OF KERALA, REP. BY

                For Petitioner  :SRI.C.P.MOHAMMED NIAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :28/09/2007

 O R D E R
                         R. BASANT, J.
           -------------------------------------------------
                Crl.M.C. No. 3010 OF 2007
           -------------------------------------------------
       Dated this the 28th day of September, 2007

                              ORDER

The petitioner faces indictment in a prosecution under

Sec.138 of the Negotiable Instruments Act. He is the

complainant in a private complaint wherein he has allegedly

committed offences punishable, inter alia, under Secs.420 and

471 of the IPC. The complainant in the prosecution under

Sec.138 of the Negotiable Instruments Act is the 4th accused in

the prosecution under Sec.420 of the IPC. Both cases are

pending before the same court – the learned Judicial

Magistrate of the First Class, Nadapuram.

2. According to the petitioner, the two cases are in the

nature of a case and counter case. Assertions of the

complainant in one case will be the defence of the accused in

the other case. In this view of the matter, they are akin to a

Crl.M.C. No. 3010 OF 2007 -: 2 :-

case and counter case. The petitioner therefore wants both

cases to be reckoned as a case and counter case and disposed of

simultaneously by the same Magistrate.

3. It appears to me to be elementary that the two cases

must be disposed of by the same judicial mind in accordance

with the principles of trial and simultaneous disposal of a case

and counter case. Why has the petitioner come to this Court

now? Did he request the learned Magistrate to take up the two

cases together and dispose them of simultaneously one after the

other in succession? Admittedly, no such request/application

has been made.

4. I find absolutely no reason to assume that the learned

Magistrate, if he is apprised of the pendency of both the cases

before him, will not take up both the cases together reckoning

them as cases in the nature of a case and counter case. It is for

the petitioner to file an appropriate application before the

learned Magistrate, if an oral submission were found to be

inadequate.

5. In these circumstances, I do not think it necessary to

issue any directions in this Crl.M.C. But I do observe that the

petitioner can bring the facts to the notice of the learned

Magistrate by making appropriate submissions and by filing a

Crl.M.C. No. 3010 OF 2007 -: 3 :-

proper petition making the said request. Needless to say, the

learned Magistrate must consider such request on merits and

take appropriate decision.

6. With the above observations, this Crl.M.C. is dismissed.

7. Hand over a copy of this order to the learned counsel for

the petitioner.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge