AREEPLAVAN FINANCE Vs. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) The petitioner is the complainant in C.M.P. No.6837 of 2017 and C.M.P. No.6833 of 2017 on the files of the court of the Chief Judicial Magistrate, Thodupuzha. Both the said C.M.P.s. were filed against the accused therein alleging offence under section 138 of the Negotiable Instruments Act (for short ' the N.I.Act'). The court below dismissed both the said CMPs for default as the petitioner was not personally present before the court. Aggrieved by the order of the court below dismissing C.M.P. No.6837 of 2017, the petitioner filed Crl.M.C. No.171 of 2019. Aggrieved by the order of the court below dismissing C.M.P. No.6833 of 2017, the petitioner filed Crl.M.C. No.175 of 2019.

(2.) The petitioner is common in both the above cases, even though the 2nd respondent is not common. However, since the common question arises for consideration in both the said cases, I am inclined to dispose of both the above Crl.M.Cs. by this common order.

(3.) Service is complete. However, the party respondents have no appearance.