IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3922 of 2010()
1. MARYKUTTY JOSEPH,W/O.JOSEPH,AGED 50
... Petitioner
Vs
1. K.M.JAMES,S/O.MICHAEL,AGED 46 YEARS,
... Respondent
2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR
For Petitioner :SRI.CIBI THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :12/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.3922 OF 2010
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Dated 12th October, 2010
O R D E R
Petitioner, the accused in
S.T.418/2006 on the file of Judicial First
Class Magistrate’s Court, Mattannur filed
this petition under Section 482 of Code of
Criminal Procedure, to quash Annexure-V
order passed by the learned Magistrate in
C.M.P.1013/2010 filed by the petitioner to
stay the proceedings till the disposal of
O.S.165/2006 and report of the expert is
received by the Civil Court.
2. Learned counsel appearing for
the petitioner and first respondent were
heard.
3. Learned Magistrate has taken
cognizance for the offence under Section
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138 of Negotiable Instruments Act. It is
submitted that evidence of the first respondent
was over and case stands posted for questioning
petitioner under Section 313 of Code of
Criminal Procedure. It is at that stage
C.M.P.1013/2010 was filed. It is also admitted
by both parties that original cheque which was
produced before the Court was called for by the
Principal Sub Judge, Thalassery in
O.S.165/2006, a suit instituted by the first
respondent for realisation of the amount from
the petitioner and on an application filed by
the petitioner herein in that suit, the cheque
was sent to an expert and report is awaited. I
find no reason to interfere with Annexure-V
order, as learned Magistrate was justified in
not staying the proceedings. But if the
original cheque is not available before the
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learned Magistrate to compare the signature
seen therein with the admitted signatures,
learned Magistrate cannot dispose the case and
can only adjourn the case. In such
circumstances, the petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.