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. 1556 of 2008 ------------------------- S.T.NO. 735/2006 OF THE J.F.C.M.III, THIRUVANANTHAPURAM PETITIONER: ACCUSED NOS.1 TO 5 AND 7: ------------------------------------- 1. AIR LINK INDIA LTD., 7 KYD STREET, CALCUTTA, PIN-700 016, BY PRESIDENT SUNANDHAN RAY, REPRESENTED BY ITS CONSTITUTED ATTORNEY AND DY.REGIONAL MANAGER, COCHIN. 2. MR. SUNANDHAN RAY, PRESIDENT/DIRECTOR, AIR LINK INDIA LTD.,7 KYD STREET, 5TH FLOOR, KOLKATA-700016, WEST BENGAL, REPRESENTED BY ITS CONSTITUTED ATTORNEY AND DY. REGIONAL MANAGER, COCHIN. 3. MR. ARABINDA RAY, DIRECTOR, AIR LINK INDIA LTD., 7 KYD STREET, 5TH FLOOR, KOLKATTA-700016, WEST BENGAL, REPRESENTED BY ITS CONSTITUTED ATTORNEY AND DY.REGIONAL MANAGER, COCHIN. 4. MR. SNEHASIS KABIRAJ, DIRECTOR, AIR LINK INDIA LTD., 7 KYD STREET, 5TH FLOOR, KOLKATTA-700016, WEST BENGAL, REPRESENTED BY ITS CONSTITUTED ATTORNEY AND DY.REGIONAL MANAGER, COCHIN. 5. MR. SUDIPTO SARKAR, DIRECTOR, AIR LINK INDIA LTD., 7 KYD STREET, 5TH FLOOR, KOLKATTA-700016, WEST BENGAL, REPRESENTED BY ITS CONSTITUTED ATTORNEY AND DY.REGIONAL MANAGER, COCHIN. 6. VINOD G.NAIR, DEPUTY REGIONAL MANAGER, AIR LINK INDIA LTD. HARBOUR VIEW, MILLE ROAD, WILLINGDON ISLAND, COCHIN-3. BY ADV. SRI.SUNIL JACOB JOSE CRL.M.C.1556/2008 -2- RESPONDENTS: COMPLAINANT/6TH ACCUSED: ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MR. VINOD S.NAIR, PROPRIETOR, VSN VASHEWS, SHILPA, T.C.26/2047(1), TUTORS LANE/STATUE, THIRUVANANTHAPURAM. 3. MR. SURESH KUMAR, MANAGER, M/S. AIR LINK INDIA LTD., RESIDING AT "SOWPARNIKA" TRA-41, THAMALAM, POOJAPURA P.O., TRIVANDRUM. BY PUBLIC PROSECUTOR MR. M.S. BREEZE 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. 1556 of 2008 = = = = = = = = = = = = = = Dated this the 11th day of April , 2008 ORDER The petitioners who are accused 1 to 5 and 7 in S.T.No.735/2006 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram which is a prosecution under Section 138 of the Negotiable Instruments Act in respect of a cheque for Rs.21,90,000/-, seeks to quash Annexure-B private complaint in the above matter and all further proceedings before the Magistrate. All the contentions raised in this Crl.M.C.can be effectively raised by the petitioners before the Magistrate where the case is pending as S.T.No.735/2006. In case any of the petitioners are unable to appear before the Magistrate due to valid reasons, they can move the Magistrate for personal exemption. In case an application in that behalf is filed, the same shall be favourably considered by the Magistrate, who shall, on a proper undertaking given by the petitioners, exempt such of petitioners from personal appearance and shall not insist on the personal appearance of the petitioners before the court unless it is inevitable to do so during any stage of trial. V. RAMKUMAR, JUDGE ks.