IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 2817 of 2010() ------------------------- CC.479/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): SHAJI M.T., MARANGATTU HOUSE, KEERITHODE P.O., IDUKKI. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): 1. EVANGELICAL SOCIAL ACTION FORUM, P.B.NO.12, 12, 2ND FLOOR, HEPHZIBAH COMPLEX, MANNUTHY, THRISSUR REPRESENTEDBY K.V.SOMAN, ASST.MANAGER, WY BRANCH, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, POLICE STATION, KANJIKUZHA PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2817 of 2010 = = = = = = = = = = = = = = Dated: 23.07.2010 ORDER Petitioner, who is the accused in C.C No.479 of 2009 on the file of J.F.C.M, Kodungallur which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881 was granted personal exemption under Section 205 Cr.P.C. Thereafter, the petitioner was represented by his counsel on all the dates of posting of the case. On 8.6.2010 when the case was called petitioner's counsel was absent. Thereupon the learned Magistrate is alleged to have issued non-bailable warrants against the petitioner. 2. According to the petitioner, the date of posting was wrongly noted by his counsel as 18.6.2010 and that is the reason for counsel's non appearance. The said explanation is accepted and in case the petitioner files a fresh application under Section 205 Cr.P.C through his counsel, the same shall be allowed. This Crl.M.C is disposed of as above. Dated this the 23rd day of July, 2010. V. RAMKUMAR, JUDGE sj