IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Crl.MC.No. 1336 of 2006(B) -------------------------- CC.966/2005 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD CC.140/2006 of ADDL. MUNSIFF AND JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER/ACCUSED -------------------------------- SHAMEEMA B.W/O.AMEER,AGED 36,12/1488, THRIVENI, CHULLICKAL, COCHIN-5. BY ADVS. SRI.S.SREEKUMAR SRI.P.K.SOUZ RESPONDENTS/STATE/COMPLAINANT ---------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M/S.MAHINDRA & MAAHINDRA FINANCIAL SERVICES LTD, REPRESENTED BY ITS POWER OF ATTORNEY SRI.TONY GEORGE, BRANCH-IN-CHARGE, MAHINDRA & MAHINDRA FINANCIAL SERVICES LTD, KASARAGOD BRANCH. R1 BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU R2 BY ADV. SRI.DEVAPRASANTH.P.J. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1336 of 2006(B) ------------------------------------- APPENDIX --------------- PETITIONER'S ANNEXURES ----------------------------------------- ANNEXURE-1. COPY OF LETTER DATED 01.01.2005 ISSUED BY THE 2ND RESPNDENT. ANNEXURE-II. COPY OF LAWYER NOTICE DATED 20.03.2005. ANNEXURE-III. COPY OF LAWYER NOTICE DATED 22.04.2005. ANNEXURE-IV. COPY OF REPLY NOTICE DATED 04.05..2005. ANNEXURE-V. COPY OF COMPLAINT FILED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS : NIL ----------------------------------------- / TRUE COPY / P.A. TO JUDGE VK B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.1336 of 2006 - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the accused in C.C. No. 140 of 2006 on the file of the Addl. Munsiff and Judicial First Class Magistrate-I, Kasaragod for an offence punishable under Section 138 of the Negotiable Instruments Act. I am not inclined to quash the charge at this stage. It is open to the petitioner to file appropriate application before the trial court denying the liability and lead evidence to that effect. If such an application is filed, the learned Magistrate shall pass appropriate orders thereon. 3. The learned counsel for the petitioner states that the petitioner is a lady and the personal appearance of the petitioner may not be insisted upon in the day to day trial of the case. If the petitioner files an application under Section 205 Cr.P.C, the same shall be allowed on such terms and conditions as the Magistrate deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv