IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4985 of 2008 ---------------------------------- ( ST.1062/2008 OF JUDL.MAGISTRATE OF FIRST CLASS COURT-III, PALAKKAD ) .................... PETITIONER/ ACCUSED: ----------------------------------- M.P. PRASEED KUMAR, SYAMALA BHAVAN, N.S.S. ENGINEERING COLLEGE ROAD, AKATHETHATHARA, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN, ADV. SRI.S.SANTHOSH KUMAR. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4985 of 2008 ------------------------------------------------- Dated this the 19th day of December, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. Cognizance was taken only recently as is indicated from the number assigned to the case i.e., S.T.No.1062/08. The petitioner resides in Mumbai. He allegedly suffers from personal disability. He has not appeared before the learned Magistrate so far. Coercive processes have been issued against the petitioner. The petitioner now wants to appear before the learned Magistrate and seek exemption from personal appearance. The petitioner apprehends that his application for exemption may not be considered in the light of the decision in Jain Babu v. Joseph (2008 (4) KLT 16) for the reason that a warrant of arrest has been issued against the petitioner. I find no merit Crl.M.C. No. 4985 of 2008 -: 2 :- in the apprehension of the petitioner. The matter has already been clarified in the decision in Rohit S. Ved v. State of Kerala (2008 (4) KLT 671). 2. It is for the petitioner now to appear before the learned Magistrate through counsel and pray for exemption under Sec.205 Cr.P.C. Notwithstanding the fact that the warrant of arrest is pending against the petitioner, the learned Magistrate must consider such application on merits, in accordance with law and expeditiously in the light of the decision in Jain Babu and Rohit. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4985 of 2008 -: 3 :-