IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Crl.MC.No. 995 of 2008() ------------------------ ST.31/2008 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... PETITIONER: ACCUSED -------------------------- RADHAKRISHNA PILLAI, AYATHIVILA VEEDU, VAYALA, PUNALUR. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: COMPLAINANT ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. MOHAMMED SHERIF @ SHAJI, MANAGING DIRECTOR, M/S.NAGOOR KHANI RAWTHER CHITS INDIA PVT. LTD., LOOLU COMPLEX, PATHANAMTHITTA, REPRESENTED BY ITS POWER OF ATTORNEY MR.GIRISH KUMAR, MANAKKATTU HOUSE, KUMBAZHA P.O. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 995 of 2008 ========================== Dated this the 7th day of March, 2008. O R D E R The petitioner, who is the accused in S.T. No. 345 of 2005 now pending before the Chief Judicial Magistrate, Pathanamthitta as S.T. No. 31 of 2008 which is a prosecution under Section 138 of the Negotiable Instruments Act, seeks to quash the said proceedings before the Magistrate or in the alternative to direct the Chief Judicial Magistrate to permit the petitioner to record his plea through his counsel and for granting him permanent exemption from personal appearance as he is employed in U.A.E and he decides to go back to rejoin his employment. The petitioner claims to have discharged the liability under the cheque in question by payment in cash made on 18.05.2005 soon after the filing of the complaint but before the receipt of summons. 2. Even though the proceedings cannot be quashed without considering the alleged discharge of the cheque amount by the petitioner, the alternative prayer made by the petitioner can be CRL.M.C. NO. 995/2008 : 2: granted. Accordingly, the petitioner is permitted to make his plea through his counsel. In case the petitioner files an application within two weeks from today, the learned Magistrate shall permit the petitioner to record his plea through his counsel without insisting on the personal appearance of the petitioner and shall also grant permanent exemption to the petitioner from the personal appearance throughout the trial of the case and shall insist on his personal appearance only if it is inevitable to do so. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 995/2008 : 3: