IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Crl.MC.No. 1584 of 2008() ------------------------- ST.201/2007 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOCHI .................... PETITIONER: ACCUSED ---------------------------------------- RAJESH MATHEW, VARIKKAPLACKAL HOUSE, VALAYANCHIRANGARA P.O., PERUMBAVOOR, PIN-683 556. BY ADV. SRI.AYPE JOSEPH RESPONDENTS: COMPLAINANT AND STATE ------------------------------------------------------------------------ 1. SENIOR MANAGER, M/S.ALLAHABAD BANK, WEBSTERS BUILDING, M.G.ROAD, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1584 of 2008 = = = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008 ORDER Petitioner who is the accused in S.T.No.201/2007 on the file of the J.F.C.M-III, Kochi, which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.1,00,000/- (Rupees one lakh only), seeks to quash S.T.No.201/2007 and all further proceedings before the learned Magistrate. 2. The trial of the case has already advanced considerably. Whatever grounds raised by the petitioner in this Crl.M.C can profitably be raised before the learned Magistrate if the petitioner is expecting an acquittal on those grounds. If the petitioner has personal difficulties in appearing before the learned Magistrate he can move the Magistrate for personal exemption. As and when the petitioner files an application for personal exemption, I am sure that the learned Magistrate shall exempt him from personal appearance, unless it is inevitable at any stage of trial. The learned Magistrate may permit the petitioner to undergo the examination under Section 313 Cr.P.C also through his counsel. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj