IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Crl.MC.No. 1919 of 2010() ------------------------- C.M.P.NO.2467/2010 IN LPC 189/2004 OF JFCM-II, HOSDURG PETITIONER(S): ACCUSED ------------------------------------------- N.A.RAGHAVAN, S/O.APPU NAIR, DHANALAKSHMI NIVAS, NEAR THAVEREKUN, KUSHAL NAGAR.P.O, KARNATAKA STATE. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE ---------------------------------------------------------------- 1. M.MUHAMMED HAJI, S/O.AHAMMED, PROPRIETOR, CENTRAL WOOD INDUSTRIES, PALLIKKARA.P.O. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1919 of 2010 = = = = = = = = = = = = = = Dated this the 3 rd day of June, 2010 ORDER Petitioner who is the accused in C.C.No.225/1998 on the file of the J.F.C.M-II, Hosdurg for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 seeks to quash Annexure 1 order dated 10.5.2010 in C.M.P.No.2467/2010 as per which the learned Magistrate dismissed his application to advance the case and returned his petition to grant personal exemption under Section 205 Cr.P.C. 2. In the light of the decision in Jain Babu v. Joseph (2008(4) KLT 16), the petitioner will stand permanently exempted from appearance during the trial of the case unless his personal appearance is insisted by the Magistrate at the time of pronouncement of judgment. Warrants, if any, pending against the petitioner shall stand recalled. This Crl.M.C is disposed of accordingly. Dated this the 3rd day of June, 2010. V. RAMKUMAR, JUDGE sj