IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Crl.MC.No. 4430 of 2005() ------------------------- ST.1563/2003 of JUDICIAL FIRST CLASS MAGISTRATE COURT III, THIRUVANANTHAPURAM. .................... PETITIONER(S): ACCUSED; ----------------------------------------- SAJIMON BENNY, SAJI NIVAS, NJARAKKAD, THALAVOOR P.O., KUNNIKKODE, KOLLAM. BY ADV. SRI.K.T.THOMAS RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. N.K.R. CHITS INDIA (PVT) LTD., REP. BY SRI. K.G. SASIDHARAN, MANAGER, TRIVANDRUM BRANCH, 3RD FLOOR, CAPITAL TOWERS, STATUE JUNCTION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.4430/2005 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF LAWYER NOTICE DTD. 04/04/03 ISSUED ON BEHALF OF THE 1ST RESPONDENT TO THE PETITIONER. ANNEX.B: COPY OF THE REPLY NOTICE DTD. 22/04/03 ISSUED ON BEHALF OF THE PETITIONER TO THE 1ST RESPONDENT. ANNEX.C: COPY OF THE ENVELOPE CONTAINING LAWYER NOTICE ISSUED TO THE 1ST RESPONDENT. ANNEX.D: COPY OF THE CERTIFICATE DTD. 08/05/2003 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. ANNEX.E: COPY OF THE RECEIPTS (2 NOS.) DTD. 08/05/2003 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. ANNEX.F: COPY OF THE COMPLAINT ST.NO.1563/04 OF THE JFCM COURT III, THIRUVANANTHAPURAM. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.4430 of 2005 - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the accused in S.T. No. 1563 of 2004 on the file of the Judicial First Class Magistrate-III, Thiruvananthapuram for an offence punishable under Section 138 of Negotiable Instruments Act, 1881. The learned counsel for the petitioner states that in pursuance of 138 notice issued by the complainant the petitioner has settled the dispute with the complainant and nothing is due to him and seeks permission of this Court to withdraw this application to file an application for discharge along with relevant documents before the trial court. If such an application is filed within one month from today, the learned Magistrate shall pass appropriate orders within two weeks thereafter. 3. The learned counsel for the petitioner submits that this being a case under Section 138 of the Negotiable Instruments Act, personal appearance of the petitioner may not be insisted Crl.M.C. No.4430/2005 -:2:- upon. It is for the petitioner to file an application under Section 205 Cr.P.C. If such an application is filed, the personal appearance of the petitioner may be dispensed with on such terms and conditions the learned Magistrate deems fit. This Crl. M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv