IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 Crl.MC.No. 1840 of 2008 --------------------------------- CC.1598/2007 ON THE FILE OF JFCM-I, THRISSUR ........................................ PETITIONER: ACCUSED ---------------------------------- N.P.SHIHABUDHEEN S/O. MOHAMMED, AGED 27 YEARS, NEDUPARAMBIL HOUSE PONMUNDAM POST, VAILATHOOR, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SREE GOKULAM CHITS AND FINACNE COMPANY PRIVATE LIMITED, NO.66, ARCOT ROAD, CHENNAI 600024 BY PUBLIC PROSECUTOR SRI. K.C.SANTHOSHKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. -------------------------------- Crl.M.C.No.1840 of 2008 -------------------------------- Dated this the 13th day of May, 2008. O R D E R Petitioner who is the accused in C.C.No. 1598/2007 on the file of Judicial First Class Magistrate-I, Thrissur alleging commission of offence punishable under Sec.138 of the Negotiable Instruments Act seeks a direction to the J.F.C.M-I, to recall the warrant. It is also prayed to quash the complaint pending before the court below. 2. The learned Public Prosecutor opposed the application. 3. Consequent on his non-appearance in C.C.No.1598 of 2007, non-bailable warrants of arrest are pending against the petitioner. This Court will not issue a direction to the court below so as to nullify the process issued by a court of competent jurisdiction. Since the matter related to the prosecution for the offence under Section 138 of the Negotiable Instruments Act and no custody is required, there is no reason why the petitioner should not surrender before the magistrate concerned and seek bail. Accordingly, If the petitioner surrenders before the Magistrate concerned within two weeks from today and files an application for regular bail, the same shall be considered and disposed of preferably on the same day on which it is filed bearing in mind the decision in Sukumari v. State of Kerala [2001 (1) KLT 22]. With the above observation, this Application is disposed of . V.K.MOHANAN, Mbs/ JUDGE