IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Crl.MC.No. 801 of 2010 -------------------------------- [ST.NO.867/2008 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. M/S.SIXAM OUT SOURCING (P) LTD., B-2102, JAWAHRLAL NEHRU INTERNATIONAL STADIUM, KALOOR, KOCHI, REP.BY CHAIRMAN, P.M.MADHU. 2. P.M.MADHU, CHAIRMAN AND DIRECTOR, M/S.SIXAM OUT SOURCING (P) LTD., PERUMPOTTAYIL HOUSE, THRIKKAKARA, KOCHI. 3. AJAY KHOSH, MANAGING DIRECTOR, M/S.SIXAM OUT SOURCING (P) LTD., B-2102, JAWAHARLAL NEHRU INTERNATIONAL STADIUM, KALOOR, KOCHI. 4. XAVIER, DIRECTOR, M/S.SIXAM OUT SOURCING (P) LTD., B-2102, JAWAHARLAL NEHRU INTERNATIONAL STADIUM, KALOOR, KOCHI. BY ADV. MR.LIJU. M.P. RESPONDENTS/COMPLAINANT & NON-PARTY: -------------------------------------------------------------------- 1. T.R.SREERAM, KUZHIVILA PUTHAN VEEDU, HARBOUR ROAD, AZHAKULAM, VIZHINHAM.P.O, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 801 OF 2010 =========================== Dated this the 9th day of March,2010 ORDER Petitioners are the accused in S.T.867/2008 on the file of Additional Chief Judicial Magistrate, Thiruvananthapuram taken cognizance for the offence under section 138 of Negotiable Instruments Act. This petition is filed under section 482 of the Code of Criminal Procedure for a direction to the Magistrate to allow the petitioners to appear through their counsel contending that learned Magistrate is not receiving the petition filed by the petitioners under section 205 of the Code of Criminal Procedure on the ground that petitioners are not present in person. 2. Learned counsel appearing for the petitioners was heard. 3. Apart from the allegation that learned Crl.M.C.801/2010 2 Magistrate is not receiving the application filed under section 205 of the Code of Criminal Procedure, there is no material to substantiate the allegation. In view of the decision of this court in Rohit S.Ved v. State of Kerala (2008(4) KLT 671), learned Magistrate cannot refuse to consider the application filed under section 205 of the Code of Criminal Procedure, if it is filed. The petition is disposed directing Additional Chief Judicial Magistrate, Thiruvananthapuram to consider the application, if any filed by the petitioners under section 205 of the Code of Criminal Procedure, and pass appropriate orders in accordance with law. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006