Petitioner sought stay of cheque dishonour proceedings pending theft complaint claim. Court rejected stay finding no material but granted liberty for simultaneous trial and ordered case transfer.
Petition disposed with liberty for simultaneous trial; C.J. Magistrate, Kottayam directed to transfer ST No.216 of 2011 back to Kanjirappally.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
THURSDAY, THE 1ST DAY OF MARCH 2012/11TH PHALGUNA 1933
Crl.MC.No. 138 of 2012 ()
ST.216/2011 of J.M.F.C.III, KANJIRAPPALLY
PETITIONER(S):
P.S.VARGHESE @ SCARIYA VARGHESE
AGED 63 YEARS, S/O.SCARIA, PADANILATHU VEEDU KURUVAMOZHI PO, ERUMELI, KOTTAYAM DISTRICT.
BY ADV. SRI.S.SHANAVAS KHAN
COMPLAINANT(S):
KANJIRAPPALLY KOTTAYAM 686 507.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-03-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.S.GOPINATHAN, J.
Crl.M.C.No. 138 of 2012
Dated this the 1st day of March, 2012
ORDER
In this petition under Section 482 of the Code of Criminal Procedure, the petitioner seeks an order to direct the Judicial Magistrate of the first Class-III, Kanjirappally to keep in abeyance the proceedings in ST No.216 of 2011, a complaint filed by the second respondent under Section 138 of the Negotiable Instruments Act before the Judicial Magistrate of the First Class-I, Kanjirappally, which was earlier pending before the former court till the finality in CMP No.2534 of 2011.
2.Having heard the learned counsel for the petitioner, I find that the petitioner had advanced a case of theft and forgery in respect of the cheque leaf and a complaint was lodged before the police. After due investigation it was referred and now the petitioner preferred a protest complaint as CMP 2534 of 2011. In the above circumstance, I find no material to direct the trial court to keep in abeyance the proceedings in ST No.216 of 2011.
Crl.M.C.No. 138 of 2012 2
In the result, this petition is disposed of with liberty to the petitioner to move for simultaneous trial of both cases . The Chief Judicial Magistrate, Kottayam is directed to transfer back ST No.216 of 2011 which was originally pending before the Judicial Magistrate of the First Class-III, Kanjirappally.
P.S.GOPINATHAN, JUDGE
cms
2 issues framed by the court
Whether the court should stay proceedings in a cheque dishonour case pending another complaint regarding theft of the cheque leaf.
Whether the petitioner is entitled to simultaneous trial of both complaints.
2 provisions across 2 enactments
P.S. Varghese
State of Kerala
Jijo Antony K
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
