IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 266 of 2006()
1. JOHNY M.VARRIKKAT, S/O. MANI, VARRIKKAT,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
For Petitioner :SRI.S.NIRMAL KUMAR
For Respondent :SRI.B.RAMAN PILLAI
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :25/06/2008
O R D E R
M.C.HARI RANI, J.
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CRL.M.C.No.266 OF 2006
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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