IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Crl.MC.No. 2365 of 2011() ------------------------------------- CC.876/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, KOZHIKODE .................... PETITIONER/ACCUSED NO.2 ------------------------------------------ GOKULAM GOPALAN, GOKULAM CHITS AND FINANCE COMPANY (P) LTD., CORPORATE OFFICE, 66, ARCOT ROAD, CHENNAI-600 024. BY ADV. SRI.M.ASOKAN RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------ 1. P. BALAN, S/O.KORAPPAN. P., PULARANGAT HOUSE, P.O. MUTTANCHERY, NARIKKUNI, MADAVOOR AMSOM, MUTTANCHERY DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN-673 001. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2365 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-I: COPY OF THE EXTRACT OF FORM NO.32 ISSUED BY THE REGISTRAR OF COMPANIES, CHENNAI FOR STATE OF TAMILNADU DATED 10/06/2011. ANNEXURE-II: COPY OF THE LAWYER NOTICE DATED 18/08/2010, ISSUED ON BEHALF OF THE FIRST RESPONDENT. ANNEXURE-III: COPY OF THE REPLY NOTICE BY THE PETITIONER DATED 03/09/2010. ANNEXURE-IV: COPY OF THE 2ND LAWYER NOTICE ISSUED BY THE 2ND RESPONDENT DATED 22/10/2010. ANNEXURE-V: COPY OF THE REPLY NOTICE BY THE PETITIONER DATED 10/11/2010. ANNEXURE-VI: COPY OF THE CHEQUE ALLEGED TO BE ISSUED BY THE PETITIONER DATED 01/05/2010. ANNEXURE-VII: COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE JFCM-I KOZHIKODE AS C.C. NO.876/2010. ANNEXURE-VIII: COPY OF THE ORDER IN CMP NO.77/2003 OF JFCM-III, KOZHIKODE DATED 07/01/2003. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. Crl.M.C.No.2365 of 2011 Dated this the 28th day of July 2011 O R D E R Petitioner is the 2nd accused in C.C.No.876/2010 of J.F.C.M- I, Kozhikode for the offence punishable under Sections 138 and 142 of the Negotiable Instruments Act. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner states that the petitioner will file appropriate application for discharge of the petitioner through his counsel. If the application for discharge is filed by the petitioner through his counsel, the same shall be considered by the learned Magistrate on merits. During the trial, if an application is filed by the petitioner for examination of the complainant, the same shall be considered by the learned Magistrate. 3. The learned counsel for the petitioner submits the petitioner may be dispensed with his personal appearance in the day to day trial of the case. If the petitioner files an application under Section 205 Cr.P.C to dispense with his personal CRL.M.C.No.2365/11 2 appearance, the same shall be allowed by the learned Magistrate on such terms and conditions he deems fit. (sd/-) (B.P.RAY, JUDGE) jsr // True Copy// PA to Judge CRL.M.C.No.2365/11 3 CRL.M.C.No.2365/11 4 CRL.M.C.No.2365/11 5