IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Crl.MC.No. 1759 of 2010() ------------------------- ST.1026/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER(S): ----------- SURESH.P.J. NIKHIL BHAVAN, ARUKALIKKAL WEST, VAYALA, PATHANAMTHITTA DISTRICT BY ADV. SRI.R.PADMAKUMAR RESPONDENT(S): ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. JAYARAJKUMAR, ARAMAM, THOPPUMPARA, EZHAMKULAM, ADOOR, PATHANAMTHITTA DISTRICT PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-5-2010 , THE COURT ON 21/05/2010 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1759 of 2010 * * * * * * * * * * * * * * * * * * Dated: 21st day of May 2010 ORDER The petitioner is the accused in S.T. No. 1026 of 2004 on the file of the J.F.C.M., Adoor. The said case is a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881. Consequent on the non-availability of the petitioner (accused in the said case) his case was split up and transferred to the L.P. Register as L.P. 20 of 2007. The petitioner has now come back from abroad consequent on the affliction of paralisis. He prays for indulgence before the Magistrate. In the light of the decision in Jain Babu v. Joseph - 2008 (4) KLT 16 the petitioner is permitted to appear through his counsel for the trial of the case including recording of plea as well as examination under Sec. 313 Cr.P.C. This Crl.M.C. is allowed as above. V. RAMKUMAR, (JUDGE) ani.