O R D E R

Petitioner herein stands arrayed as the accused in CC No. 135/2015 of Chief Judicial Magistrate Court, Kollam.

2. The petitioner challenges the criminal proceedings on a premise that, essentially the dispute discloses a dispute of a civil nature and the offence under section 420 IPC is not made out. Though learned counsel for the petitioner has raised contention regarding the sustainability of the criminal proceedings, learned counsel very fairly submitted that, pending the proceedings, few witnesses were examined and trial is progressing. When the matter was posted on last occasion, the petitioner was not present personally. Though an effective representation was made, the court below has issued warrant. It is also submitted that, thereafter, the petitioner was released on interim bail and the case now stands posted to 10/8/2018. In this background, the learned counsel for the petitioner submitted that, the petitioner does not propose to pursue the Crl.M.C.

since the matter is under consideration of the learned Magistrate.

3. Having considered the above facts, I am inclined to dispose of the Crl.M.C.with a direction that the court below shall take into consideration the as