Aravindakshan v. G.Karthikeyan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 Crl.MC.No. 4278 of 2014 () --------------------------- C.M.P. NO.1 OF 2014 IN S.T. NO.94 OF 2013 OF THE JUDICIAL FIRT CLASS MAGISTRATE COURT-II, KAYAMKULAM PETITIONER(S)/COUNTER PETITIONER:

------------------------------------------- ARAVINDAKSHAN D.

S/O.DAMODARAN, KOVILAKAM VEETTIL, CHAVARA P.O. KOLLAM.

BY ADVS.SRI.B.S.SWATHY KUMAR SRI.REMYA MURALI SRI.A.K.RAJESH SRI.VENKATESH GOPI RESPONDENT(S)/PETITIONER AND STATE:

------------------------------------------------

1. G.KARTHIKEYAN PANTHAPLAVIL THEKKATHIL, PUTHUPPALLY P.O., KAYAMKULAM KARTHIKAPPALLY TALUK-695522.

2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

R1 BY ADV. SRI.DIPU.R R1 BY ADV. SRI.SANAL P.RAJ R1 BY ADV. SRI.M.LIJU R1 BY ADV. SMT.DHANYA BABU R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 4278 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------ ANNEXURE A: TRUE COPY OF THE COMPLAINT IN ST NO.94/2013 OF THE JFCM, KAYAMKULAM DT.19-6-2012.

ANNEXURE B: TRUE COPY OF THE DEPOSITION OF R1 IN ST 94/2013 OF JFCM, KAYAMKULAM DT.25-1-2014.

ANNEXURE C : TRUE COPY OF THE B DIARY IN ST 94/2013 OF JFCM, KAYAMKULAM.

ANNEXURE D : TRUE COPY OF THE CMP 13/2014 IN ST 94/2013 OF JFCM, KAYAMKULAM DT.27-1-2014.

ANNEXURE E : TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN CMP 13/2014 IN ST 94/2013 OF JFCM, KAYAMKULAM DT.12-2-2014. ANNEXURE F : TRUE COPY OF THE ORDER IN CMP 13/2014 IN ST 94/2013 OF JFCM KAYAMKULAM DT.20-5-2014.

ANNEXURE G : TRUE COPY OF THE COMPLAINT IN ST 95/2013 OF JFCM, KAYAMKULAM DT.19-6-2012.

ANNEXURE H : TRUE COPY OF THE B DIARY IN ST 95/2013 OF JFCM, KAYAMKULAM.

RESPONDENT(S)' EXHIBITS ------------------------------- /TRUE COPY/ P.S TO JUDGE

P.UBAID, J.

~~~~~~~~~~ Crl.M.C No.4278 of 2014 ~~~~~~~~~~~ Dated this the 3rd February, 2015

O R D E R

The petitioner herein is aggrieved by the order passed by the Judicial First Class Magistrate's Court-II, Kayamkulam on 20.5.2014 in C.M.P. No.13 of 2014 allowing joint trial of two prosecutions brought under Section 138 of the Negotiable Instruments Act. On the application of the complainant in the two proceedings, the learned Magistrate allowed the request for joint trial under Section 219 of Cr.P.C. The petitioner does not explain how he will be prejudiced, if the two cases are tried jointly. The offence under Section 138 of the Negotiable Instruments Act is a statutory offence,which does not involve much procedure as in the case of a regular trial. The parties in both the prosecutions are the same. Finding that joint trial will do justice to the parties, the learned Magistrate allowed the request for joint trial. The petitioner does not explain how he is aggrieved by the order, or how he will be prejudiced by such a joint trial.

I find that the

Crl.M.C No.4278 of 2014 petitioner will not be prejudiced by the joint trial of the two prosecutions.

In the result, this Crl.M.C is dismissed.

Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge