IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Crl.MC.No. 2344 of 2011() ------------------------- ST.75/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... PETITIONER/ACCUSED --------------------------------- M.K.USHA KUMARI, AGED 42 YEARS, W/O.SOMASEKHARAN NAIR, MOOSARIKKUDY, KUTHUKUZHY P.O., KOTHAMANGALAM. BY ADVS. SRI.C.D.JOHNY SMT.MEREENA JOSEPH RESPONDENTS/COMPLAINANTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. MUHAMMED BASHEER, S/O.SAIDU MUHAMMED, PUTHENKUDIYIL HOUSE, MUDAVOOR P.O., - 686 685. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2344 of 2011() ------------------------------------ APPENDIX ----------------- PETITIONER'S ANNEXURES: ------------------------------------- ANNEXURE: A1. COPY OF THE CERTIFICATE ISSUED BY DR. RADHA DATED 10.6.2011 ANNEXURES A2. COPY OF THE PETITION FILED UNDER SECTION 205 CR.P.C. ANNEXURE A2(A). COPY OF PETITION TO RECALL THE WARRANT BY THE PETITIONER IN S.T.75/08 ON THE FILES OF JFCM-1, MUVATTUPUZHA DATED 16.6.11. ANNEXURE A3. CERTIFIED COPY of the ORDER IN S.T. 7/08 DATED 18.6.11 OF THE JFCM-1, MUVATUPUZHA. RESPONDENT'S EXHIBITS: NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.2344 of 2011 - - - - - - - - - - - - - - - - Dated this the 27th 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 sole accused in S.T. No. 75 of 2008 on the file of the Judicial First Class Magistrate-I, Muvattupuzha for an offence punishable under Section 138 of the Negotiable Instruments Act. Due to the non appearance of the petitioner, non bailable warrant of arrest has been issued against her. If the petitioner surrenders on or before 10.08.2011 and applies for bail, the learned Magistrate may release her on bail on such terms and conditions he deems fit. 3. The learned counsel for the petitioner submits that the personal appearance of the petitioner may not be insisted upon before the trial court. If the petitioner files an application under Section 205 Cr.P.C for dispensing with the personal appearance of the petitioner, the same shall be allowed on such terms and conditions the Magistrate deems fit as in my considered view this is a case under Section 138 of the Negotiable Instruments Act where personal appearance may not be necessary on every date. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv