IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Crl.MC.No. 2250 of 2010() ------------------------- AGAINST THE ORDER IN CMP.2126/2010 IN ST.3470/2005 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- 1. RATHEESH, S/O.VASU, MANAGING PARTNER, DACRON PLASTICS, ULLADATH HOUSE, KOLATHARA P.O., CALICUT-673 655. 2. SHYLESH.U, PARTNER, DACRON PLASTICS, ULLADATH HOUSE, KOLATHARA P.O., CALICUT-673 655. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- 1. SOUTHERN CHEMICALS & SOLVENTS, PROPRIETOR XAVIER WILLIAM, FEROKE, PETTA, KOZHIKODE, REPRESENTED BY POWER OF ATTORNEY HOLDER P.R.PREMANAND, S/O.RAMACHANDRAN, MANAGER, SOUTHERN CHEMICALS & SOVENTS, KOZHIKODE. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.2250 of 2010 -------------------------------------- Dated this the 23rd day of June, 2010 ORDER Petitioners, who are accused Nos.1 and 2 in S.T.No.3470/2005 on the file of the J.F.C.M Court-V, Kozhikkode, which is a prosecution under Section 138 of the Negotiable Instrument Act 1881, challenge Annexure B order dated 22.3.2010 as per which the learned Magistrate dismissed their application filed under Section 205 Cr.P.C for personal exemption during the trial of the case. I see no reason why the personal exemption should not be granted in a prosecution under Section 138 of the Negotiable Instrument Act, merely because steps under Section 82 and 83 are pending against the petitioner. The Court below was not justified in dismissing the application under Section 205 Cr.P.C. In case the petitioner files a fresh application for personal exemption incorporating appropriate averments, the learned Magistrate shall allow the same and shall not insist on the personal appearance of the accused unless it is inevitable at the stage of final judgment or for any stage thereafter. V.RAMKUMAR, JUDGE dmb