IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Crl.MC.No. 1980 of 2010() ------------------------- AGAINST THE ORDER DATED 20/01/2010 IN CMP 15378/2009 IN CC.185/2007 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... PETITIONER(S): PETITIONER ------------------------- K.P.VARGHESE, S/O.K.V.PETER, AGED ABOUT 46 YEARS, WELGATE GARDENS, KURAVANKONAM, PATTAM PALACE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SMT.LIGEY ANTONY RESPONDENT(S): COMPLAINANT -------------------------- 1. BABY SAMYUKTHA, AGED ABOUT 45 YEARS, D/O.LAKSHIKUTTY, KOILLAMURIYIL HOUSE, KAPPIL WEST, KRISHNAPURAM, FROM RADHA NIVAS, KAPPIL WEST, KRISHNAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1980 of 2010 * * * * * * * * * * * * * * * * * * Dated: 8th day of June, 2010 ORDER Petitioner who is the accused in C.C. No. 185 of 2007 on the file of the J.F.C.M., Kayamkulam which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881 filed C.M.P. 15378 of 2009 under Section 205 Cr.P.C. for personal exemption during the trial of the said case. The said application has been rejected by the learned Magistrate as per the impugned order dated 20-1-2010. In the light of the decisions of this Court in Jain Babu v. Joseph - 2008 (4) KLT 16 and Raju v. State of Kerala - 2009 (3) KLT (SN) 45, the Court below should have liberally exercised the power under Section 205 Cr.P.C. Accordingly, C.M.P. No. 15378/09 in C.C. No. 185 of 2007 shall stand allowed with duty to appear before the Court at any stage of the trial in case circumstances warrant the same. V. RAMKUMAR, (JUDGE) ani.