IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 Crl.MC.No. 2698 of 2008 --------------------------------- (S.T. NO. 2545/2004 OF THE J.F.C.M. NILAMBUR) ........... PETITIONER/ ACCUSED: ----------------------------------- C.J. JAIMON, S/O. C.V. JACOB, CHAVAZHOOR HOUSE, MULLASSERY.P.O., THRISSUR DISTRICT. BY ADV. SRI.BABU S. NAIR. RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------ 1. T.M. CHANDRAN, S/O. KESAVAN NAIR, RAHUL TIMBERS, NILAMBUR, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/07/2008, ALONG WITH CRL.M.C. NO. 2700/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.2698 and 2700 of 2008 ------------------------------------- Dated this the 17th day of July, 2008 ORDER Petitioner faces prosecutions in two different cases, both pending before the same court and are initiated under Section 138 of the Negotiable Instruments Act by two different complainants, who are brothers. Cognizance was taken as early as in 2004. The cases are now transferred to the list of Long Pending Cases. Coercive processes issued by the learned Magistrate are chasing the petitioner. The petitioner apprehends imminent arrest. 2. According to the petitioner, the petitioner is absolutely innocent. He apprehends physical harm if he were to proceed to Nilambur to appear in these cases before the learned Judicial Magistrate of the First Class, Nilambur. He is willing to pay the entire amount due under the cheques. He wants to plead guilty. He may be permitted to plead guilty. But he apprehends that the learned Magistrate may insist on his personal appearance to enable him to plead guilty. The short prayer of the petitioner is that he may be permitted to plead guilty after appearing through his counsel notwithstanding the fact that a warrant of arrest is pending against the petitioner. Crl.M.C. Nos.2698 and 2700 of 2008 2 3. Why did the petitioner not appear before the learned Magistrate through his counsel and make this offer ? What prompts the petitioner to feel that the learned Magistrate would not consider such plea ? Why has the petitioner rushed to this Court without and before moving the learned Magistrate ? 4. The learned counsel for the petitioner submits that the mere fact that a warrant of arrest is pending is sufficient for the Magistrate to reject the prayer for personal exemption. 5. I am unable to accept this contention. If the petitioner would show his bona fides by depositing the amounts due under the cheques before the learned Magistrate and if he applies to the learned Magistrate for exemption from appearance and for permission to plead guilty through counsel, I am certainly of the opinion that the learned Magistrate must consider the same and pass appropriate orders on merits without insisting on the personal presence of the petitioner. 6. I am satisfied, in these circumstances, that appropriate directions can be issued. If the pendency of the warrants of arrest is the only reason for not considering such requests, I am satisfied that appropriate directions to that effect can also be issued. Crl.M.C. Nos.2698 and 2700 of 2008 3 7. In the result: i) These Crl.M.Cs are allowed in part; ii) The petitioner is permitted to appear through counsel before the learned Magistrate on or before 07.08.08 and deposit the cheque amount due in each case before the learned Magistrate and apply for exemption from personal appearance and to plead guilty through counsel. The learned Magistrate must consider such applications on merits and pass appropriate orders notwithstanding the fact that warrants of arrest have been issued to procure his presence; iii) There shall be an interim direction that the warrants of arrest issued against the petitioner shall not be executed till 07.08.08. 8. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-