IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3587 of 2007()
1. JOHNY THOMAS, S/O.EYO THOMAS,
... Petitioner
Vs
1. T.T.MATHEW, S/O.THOMAS,
... Respondent
2. STATE OF KERALA REP. BY PUBLIC
For Petitioner :SRI.SHAJI CHIRAYATH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/12/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.3587 of 2007
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Dated this the 1st day of December 2007
O R D E R
This petition is filed under Section 482 Cr.P.C by the
petitioner who is the first accused in C.C.No.146/2002 pending
before the Judicial First Class Magistrate Court-II, Ernakulam
under Section 138 of the Negotiable Instruments Act. The
complaint shows that the grievance is with respect to cheque
No.325743 for Rs.2,00,000/- dated 15/09/2001. But when the
document was produced along with the complaint, though the
cheque was correctly described as item No.1 in the list of
documents, another cheque No.154882 dated 30/7/2001 was
produced along with the complaint. Joint trial was also later
allowed. Prosecution in respect of cheque dated 30/7/2001 is
pending before the same court as C.C.No.568/2002. In short,
the cheque which ought to have been produced in C.C.No.146/02
was erroneously produced in C.C.No.568/2002 and vice versa.
This is the only error committed.
2. The learned counsel for the respondent fairly submits
that such an inadvertent error has crept in; but that has no
crucial relevance. Both cases are pending and both cheques are
available before court. The cheque ought to have been produced
Crl.M.C.No.3587/07 2
in the first case was mistakenly produced in the second case.
The respondent is making necessary application to call for the
correct cheques to the correct cases. No other contentions are
raised. I find no merit in the request to quash the proceedings
for the simple reason that such an error is made in the relevant
cheque in the relevant case.
3. The learned counsel for the petitioner has raised an
objection against the direction that three cases can be tried
together, that is C.C.Nos.146/02, 568/02 and 569/02. The
learned counsel for the petitioner fairly accepts that if the
correct cheque were called to the correct case file there can be
no surviving grievance against the direction for transfer also.
That submission can also be taken note of. I am satisfied, in
these circumstances, that the petitioner is not entitled for any
relief.
4. This Criminal Miscellaneous Case is hence dismissed
with the observation that the learned Magistrate must consider
the request of the learned counsel for the respondent to call the
correct cheques to the file of the correct cases.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.3587/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007