IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 27^TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945 CRL.MC NO. 9372 OF 2023 AGAINST THE ORDER/JUDGMENT ST 2231/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-1 ,CHITTUR PETITIONER/COMPLAINANT:

M-STAR HOTELS KODUVAYUR PVT LTD PETTUPEDIKA KODUVAYUR,PALAKKAD. REPRESENTED BY ITS AUTHORIZED OFFICER MR. ARUN BABY S/O RAMACHANDRAN, EDAKKAD VEDU, CHITHALI, KUZHALMANNAM,, PALAKKAD, PIN -

678702 BY ADVS.

SUSEEL M.MENON J.VISHNU RESPONDENTS:

1 BACK WATER STUDIO REPRESENTED BY ITS AUTHORIZED RESPRESENTATIVE JAYALAL MENON, S/O NARAYANA MENON, M.M.BUILDING,NEAR STONE BRIDGE, ALAPUZHA, PIN – 688011

2 JAYALAL MENON S/O NARAYANA MENON, 3/354, MOVANA , VARANAM -P.O., CHERTHALA, ALAPUZHA, PIN – 688555

3 JAYARAM KAILAS PARVATHY S/O SIVANKUTTY M., KAILASAM AMBIKA, MARKET POST,VECHOOR POST, KOTTAYAM, PIN - 686144 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

27.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

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Crl.M.C. No.9372 of 2023 ----------------------------------------------

Dated this the 27^th day of November, 2023

ORDER

The main grievance of the petitioner is that without splitting the case against accused No.2 who never appeared, the trial is continued by the learned Magistrate. This Court directed the Registry to get a report from the learned magistrate about the same. A report is submitted by the Judicial First Class Magistrate Court-1 Chittur. It will be better to extract the same:-

“I may humbly submit the following for the kind consideration in the above said case.

This is a case filed by M.Star Hotels, Koduvayur Pvt. Ltd represented by its General Manager Mr. Arun Baby and it was taken on file as ST.2231/18 for the offence under section 138 of NI Act against accused No.1 to 3.

Summons was served to accused 1 to 3. Accused No.1 and 2 has not appeared before this Court and hence Non Bailable Warrant was issued against accused No.1 and 2. Accused No.3 appeared before this Court on 16.12.22 and he was enlarged on bail. Particulars of offence was read over and explained to accused No. 3 under Section 138 of Negotiable Instruments Act and for which he pleaded not guilty and the case was posted for evidence. Thereafter complainant was examined as PW1, Ext.P1 to P7 marked. Now it is posted for examination of witnesses and the case is posted to 30.12.23.

As per the order in Crl.MC.No.9372/23 dated

13/11/2023 of Hon'ble High Court of Kerala I was directed to file a report as to whether the case against the 2nd accused is splitted before starting the trial.

After perusing the case records in ST.2231/18, I may submit that the case against accused No.2 is not splitted before starting the trial of accused No.3 and Non Bailable Warrant is pending against accused No. 1 and 2.

So I humbly request that the Hon'ble High Court may accept this report for favour of kind information.”

2. From the above, it is clear that the case against accused No.2 is not splitted before starting the trial of accused No.3. If that is the case, the magistrate shall proceed with the case only after passing orders in Annexue 2 which is the petition filed by the petitioner who is the complainant to split the case as far as the 2^nd accused is concerned.

Therefore, this Crl.MC is disposed of with the following directions:-

1. The Judicial First Class Magistrate Court-1, Chittur will consider Anenxure2 and pass appropriate orders in it as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of the judgment.

2. The trial in the case shall be proceeded only after passing final orders in Annexue2 petition.

Sd/-

P.V.KUNHIKRISHNAN JUDGE ska APPENDIX OF CRL.MC 9372/2023 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE COMPLAINANT DATED 16.03.2018 Annexure2 TRUE COPY OF THE PETITION FOR SPLITING THE CASE DATED 21.10.2023