K. Vasanthi vs M. Padmanabhan

Thomas P. Joseph, J.—Petitioner is accused in S.T. No. 2519 of 2008 of the Court of learned Judicial First Class Magistrate-I, Kannur for offence punishable u/s 138 of the Negotiable Instruments Act. According to the Petitioner, there was no legally enforceable debt or liability in favour of the first Respondent. In the course of cross examination of the first Respondent, according to the Petitioner, the former admitted that there are relevant accounts showing the transactions. Based on that evidence, Petitioner filed C.M.P. No. 1419 of 2011 u/s 91 of the Code of Criminal Procedure to direct first Respondent produce the said documents. That application was dismissed by the learned Magistrate. It is submitted that a copy of the order has not so far been given to the Petitioner. Prayer in this petition is to quash the said order.

Without reference to the order under challenge, a request to quash the order cannot be allowed. Having regard to the circumstances stated the proper course is to direct the learned Magistrate to issue a copy of impugned order to the Petitioner if it is already applied for. The further proceeding in S.T. No. 2519 of 2008 shall remain in abeyance for some time. Resultantly this criminal miscellaneous case is disposed of in the following lines:

(i) Learned Judicial First Class Magistrate-I, Kannur is directed to issue copy of order on C.M.P. No. 1419 of 2011 (in S.T. No. 2519 of 2008) to the Petitioner as early as possible and at any rate, within three weeks from this day if a copy has already been applied for.

(ii) It is directed that further proceeding in S.T. No. 2519 of 2008 shall remain in abeyance for a period of one month from today.