IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Crl.MC.No. 1023 of 2010() ------------------------- AGAINST THE ORDER DATED 30/12/2009 IN CMP 2128/2009 IN LP.2/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II(MOBILE),ALAPPUZHA .................... PETITIONER(S): ACCUSED: ------------------------------------------ SANAJ.M.SHAJI, S/O. MUHAMMED SHAJI, ANJILIPARAMBIL, POWER HOUSE WARD, ALAPPUZHA DIST. BY ADV. MR.K.RAMANATHAN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. MUTHOOT VEHICLE AND ASSET FINANCE LTD., REPRESENTED BY ITS POWER OF ATTORNEY HOLDER ROSHY THOMAS, ASSISTANT BRANCH MANAGER, MUTHOOT VEHICLE AND ASSET FINANCE LTD. IST FLOOR, ST. ANTONY'S BUILDING, DISTRICT COURT WARD, ALAPPUZHA. R1 BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1023 OF 2010 ------------------------------------------ Dated 24th March 2010 O R D E R Petitioner is the accused in C.C.52/2009 on the file of Judicial First Class Magistrate-II, Alappuzha taken cognizance for the offence under Section 138 of Negotiable Instruments Act. Non bailable warrant is pending and steps under Sections 82 and 83 of Code of Criminal Procedure were initiated. At that stage, petitioner through the counsel filed a petition to advance the case for the reason that the accused is in Gulf and his father informed the accused that steps are initiated under Sections 82 and 83 and to enable the accused to file application under Section 205 Code of Criminal Crmc 1-23/10 2 Procedure, the case is to be advanced. By Annexure-A3 order that petition was dismissed. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure- A3 order contending that learned Magistrate has considered application as if, it is a petition filed under Section 205 of Code of Criminal Procedure. 2. Learned counsel appearing for the petitioner was heard. 3. Though for different reasons, I find no reason to advance the case, as sought for in C.M.P.2128/2009. That prayer was to advance the case only to enable the accused to file a petition under Section 205 of Code of Criminal Procedure. I find no necessity to advance the case for that purpose. If a proper application is filed under Section 205 of Code Crmc 1-23/10 3 of Criminal Procedure learned Magistrate to dispose the same in accordance with law. If exemption is to be granted under Section 205 of Code of Criminal Procedure, the application should be filed by the accused himself satisfying the necessary ingredients. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.