This Criminal Miscellaneous Case is filed by the petitioner seeking a direction to be given to the Judicial First Class Magistrate Court, Thamarassery to dispose of CMP.No.2027/2014 in C.C.No.839/12 of that court under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that petitioner is the accused in C.C.No.839/2012 on the file of Judicial First Class Magistrate Court, Thamarasery which was taken on file on the basis of a private complaint filed by the first respondent under Section 138 of the Negotiable Instruments Act.
3. Though the petitioner has already paid the amount as per agreement dated 19.11.2007 and it was specifically mentioned in the agreement that the first respondent will not proceed against the petitioner as disputed cheque was misplaced, the first respondent had violated the agreement, the petitioner filed CMP.No.1204/13 before the same court alleging offences under Sections 420, 406, 464, and 468 of the Indian Penal Code against the 1st respondent. The learned Magistrate dismissed the complaint as per order dated 25.11.2013. The petitioner filed Crl.R.P.No.162/14 before this Court against that dismissal order. In the mean time, the case filed by the first respondent was posted for trial. In fact, the complaint filed by the petitioner and the first respondent have to be tried simultaneously. So the petitioner filed CMP.No. 2027/14 to keep the trial of the case in abeyance till the disposal of the revision filed by the petitioner but the learned Magistrate has not passed any orders on that application. So the petitioner has no other remedy except to approach this Court seeking the following reliefs:
i. Direct the Judicial 1st Class Magistrate No.1, Thamamrassery to adjourn C.C.No.839/2012 till the disposal of Crl.R.P.No.162/2014 on the file of this Hon'ble High Court of Kerala.
ii. Issue direction to the Judicial 1st Class Magistrate No.1, Thamarassery to dispose of CMP.No.2027/14 in C.C.No.839/2012 without delay.
4. Considering the nature of relief claimed in the petition, this Court has called for a report from the Judicial First Class Magistrate Court, Thamarassery and the learned Magistrate sent a report which reads as follows:
“C.C.No.839/2012 was filed by one Safiya against accused named Ashraf for the offence u/s 138 of the Negotiable Instruments Act. CMP.No.2027/2014 was filed by the said accused with a prayer to adjourn the case till disposal of Crl.R.P.No.162/2014 of the Hon'ble High Court of Kerala. The above accused had filed a private complaint as CMP.No.1204/2013 against the complainant in C.C.No.839/2012 and that was dismissed by this court. It was submitted by the learned counsel for the accused that Crl.R.P.No.162/14 pending before the Hon'ble High Court, challenging order in CMP.No.1204/2013 is posted for final hearing and prayed for adjournment of CC.No.839/2012 till the disposal of Crl.R.P.No.162/14. On hearing both sides, CMP. 2027/2014 was disposed of with direction to produce stay order or final order in Crl.R.P.No.162/14 and case was posted to 26..4.2014. On 26.4.2014 another application was filed as CMP.No.2681/2014 for adjournment of complainant's evidence till disposal of Crl.R.P.No.162/14 and that application was allowed and time was granted till 28.5.2014 for producing stay order or any other direction of the Hon'ble High Court of Kerala.
Therefore, I may report that CMP.No.2027/2014 has already been disposed of on 22.3..2014 itself with direction to produce stay order or final order in Crl.R.P.No.162/2014.”.
5. Heard the counsel for the petitioner and the Public Prosecutor as notice to the 1st respondent is dispensed with.
6. As regards the first prayer is concerned, no direction can be given by this court asking the Magistrate to keep in abeyance C.C.839/12 till the disposal of Crl.R.P.No.162/14 pending before this Court as the petitioner himself can move an application in the revision and seek for this relief, if permissible. As regards the second relief is concerned, it is seen from the report of the Judicial First Class Magistrate Court, Thamarasery that CMP.No. 2027/14 filed by the petitioner has been disposed of on 22.3.2014 itself with a direction to produce the stay order or final order in Crl.R.P.No.162/14 . So in view of the above report, there is no further direction need be given as claimed in the petition.
Wit the above observations and directions, the petition is disposed of.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge