IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Crl.MC.No. 3527 of 2011() ------------------------------------- ST.NO.4841/2010 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER(S)/ ACCUSED --------------------------------------- JOSE JOHN.K., AGED 43, S/O.JOHN, KUNUKKASSERIL HOUSE, KIZHAVANA ROAD, ERNAKULAM, COCHIN-682 015, PROPRIETOR, M/S.J.K.CONSTRUCTIONS, PANAMPILLY NAGAR, ERNAKULAM. BY SRI.S.SREEKUMAR, SENIOR ADVOCATE ADV. SRI.K.C.ELDHO SRI.JIJO THOMAS RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2. SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, THEVARA, ERNAKULAM, COCHIN-15. 3. AXIS BANK LIMITED, REPRESENTED BY ITS BRANCH MANAGER, FIRST FLOOR, CHICAGO PLAZA, RAJAJI ROAD, ERNAKULAM, COCHIN-35. R1 & R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3527/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE SUMMONS RECEIVED BY THE PETITIONER IN ST NO.2997/2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY. ANNEX A2 COPY OF THE SUMMONS RECEIVED BY THE PETITIONER IN ST NO.4346/2010 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3527 of 2011 ---------------------------------------------------- Dated this the 18th day of October, 2011 Order The petitioner is the accused in S.T.No.4841 of 2010 on the file of the JFCM Court, Kolencherry. The complaint was filed against him alleging offence under Section 138 of the N.I.Act. The learned Senior Counsel submits that the cheque involved is for Rs.53,000/-. It is also submitted that there were two other cases against the very same petitioner; one case ended in acquittal and another case is pending as ST No.4346/2010 before the very same court. According to the petitioner, he did not receive any summons in this case, for, otherwise there would not have been any difficulty for him to appear in this case (S.T.4841/2010) as well. The learned Senior Counsel submits that a non-bailable warrant was issued against the petitioner. According to the petitioner, if he appears before the court, he is likely to be remanded by the learned Magistrate. Since it is only a case filed under Section 138 of the N.I.Act and the cheque amount is stated to be only Rs.53,000/- and since the petitioner Crl.M.C.3527/11 2 submits that he is ready to co-operate with the trial especially because he is appearing in the other case mentioned above, I do not think that the learned Magistrate will remand the case. The petitioner will surrender before the learned Magistrate within one week, in which case his bail application will be considered on the same day taking note of the fact that he was appearing in the other case. The contention that he did not receive the summons will also be duly considered by the learned Magistrate. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3527/11 3