IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 Crl.MC.No. 3512 of 2008() ------------------------- CC.367/2006 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... PETITIONER: ------------ AJITHKUMAR, “SREEHARI”, VADIKADU, ALAPPUZHA. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT: ------------- VINAYA CHANDRAN, AMBIKA SADANAM, KOTTAMKULANGARA, ALAPPUZHA. BY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3512 of 2008 ------------------------------------------------- Dated this the 18th day of September, 2008 ORDER The short grievance of the petitioner, who faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act, is that unnecessarily on a date when the case was posted for examination of defence witnesses notwithstanding the presence of his counsel to represent him in court and notwithstanding the filing of an application to condone the absence of the petitioner, the learned Magistrate has issued a non-bailable warrant of arrest against the petitioner resulting in needless hardship, embarrassment and inconvenience to the petitioner. The learned counsel submits that the case was posted for examination of defence witnesses when his personal presence was totally unnecessary for the progress of the case. This aspect of the matter has been Crl.M.C. No. 3512 of 2008 -: 2 :- considered in detail and general directions have been reiterated in the order in Crl.M.C.No.1977/07 dated 4/9/08. 2. I am satisfied that insistence on the personal presence of the petitioner was unnecessary and that all steps taken against the petitioner for his non-appearance on 22/8/2008 must be set aside. 3. In the result: (a) This Crl.M.C. is allowed. (b) The order passed on 22/8/08 by the learned Chief Judicial Magistrate, Alappuzha, in C.C.No.367/06 is set aside. (c) The petitioner shall be permitted to appear personally or through pleader to complete the proceedings. (d) The learned Magistrate shall follow the directions in Crl.M.C.No.1977/07 dated 4/9/2008. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3512 of 2008 -: 3 :-