IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Crl.MC.No. 3798 of 2008() ------------------------- ST.1603/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA .................... PETITIONER(S): ACCUSED: ------------------------------------------ BEENA ANTONY, D/O. ANTONY, VATTAPARAMBIL HOUSE, KANNANKATTU ROAD, EDAKOCHI POST, ERNAKULAM DISTRICT. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S. MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTD., GATEWAY BUILDING, APPOLLO BUNDER, MUMBAI. R1 BY PUBLIC PROSECUTOR SRI. B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3798/2008 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF THE COMPLAINT IN CC 1603/2007 OF THE JFCM, VATAKARA. ANNEX.A2: COPY OF THE LAYWER NOTICE ISSUED TO THE PETITIONER. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 3798 of 2008 - - - - - - - - - - - - - - - - Dated this the 16th day of August, 2011. O R D E R Heard the learned counsel for the petitioner. 2. The petitioner is the accused in S.T. No. 1603 of 2007 on the file of the Judicial First Class Magistrate, Vatakara for an offence punishable under Section 138 of the Negotiable Instruments Act. I am not inclined to quash the complaint at this stage. It is open to the petitioner to plead for a discharge. The learned counsel for the petitioner states that the petitioner is a lady and her personal appearance may not be insisted upon before the trial court. It is for the petitioner to file an application under Section 205 Cr.P.C before the trial court on or before 07.09.2011. If such an application is filed, the same shall be allowed on such terms and conditions the learned Magistrate deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv