A defendant must first seek relief from the Trial Court before approaching a higher court for intervention.

O R D E R Dated this the 24^th day of February, 2026 The petitioner is the accused in S.T.

No.3506/2025 on the file of the Court of the Judicial First Class Magistrate-II, Pathanamthitta ( Trial Court), which has been filed by the 2^nd respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act,1881.

2. The petitioner has stated in the Criminal Miscellaneous Case that, she has not executed the cheque in favour of the 2^nd respondent. A person named Babu Chandran had forged the cheque and handed it over to the 2^nd respondent, who presented the cheque and got it dishonoured. The petitioner’s husband had filed a complaint against the 2^nd respondent in 2015, which got dismissed in the year 2017. Subsequently, the petitioner’s husband filed a revision petition to set aside the order of the dismissal, and the complaint was restored in the year

2024. Accordingly, the Judicial First Class Magistrate-I, Alappuzha, referred the complaint to the Alappuzha South Police Station under Section 156(3) of the Code of Criminal Procedure, and Crime No. 1490/2024 has been registered against the 2^nd respondent, for allegedly committing the offences punishable under Sections 420, 120B, 468 and 471 r/w Section 34 of the Indian Penal Code. The investigation in the crime is still in progress. It is during the investigation that the Trial Court is proposing to proceed with the trial in the complaint filed by the 2^nd respondent. If the Trial Court proceeds with the trial, before the filing of final report in Crime No.1490/2024, it would cause severe hardship and prejudice to the petitioner. Therefore, all further proceedings in S.T. No. 3506/2025 may be deferred till in the filing of the final report in Crime No.1490/2024.

Hence, the Crl. M.C.

3. I have heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the 2^nd respondent.

4. The petitioner’s prayer in the Crl.M.C is to direct the Trial Court to defer further proceedings in S.T.No.3506/2025, until the final report in Crime No.1490/2024 is filed by the Alappuzha South Police Station.

5. Admittedly, the petitioner has not approached the Trial Court for the above relief. Instead, she has rushed to this Court by filing this Crl.M.C. Therefore, I am of the definite view that it is for the petitioner to first move the Trial Court for the said relief instead of approaching this Court.

In the aforesaid circumstances, I dispose of the Crl.M.C in the following manner:-

(I) The Criminal Miscellaneous Case is dismissed, but by reserving the right of the petitioner to file an application to defer the trial in S.T. No.3506/2025, till the final report is filed in the Crime No. 1490/2024, within three weeks from today before the Trial Court.

(ii) If such an application is filed, the Trial Court is directed to consider and dispose the application, in accordance with law and as expeditiously as possible, at any rate, within one month from the date of filing of the application, after affording the petitioner and the 2^nd respondent an opportunity of being heard.

(iii) In order to enable the petitioner to file an application, I direct Trial Court to defer further proceedings in S.T. No.3506/2025, until a decision is taken on the proposed application.

SD/-

C.S.DIAS, JUDGE

rmm 24/02/2026