IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Crl.MC.No. 826 of 2010 -------------------------------- [ST.NO.49/2008 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM] .................... PETITIONER/ACCUSED: ---------------------------------- SIVA PRASAD A.S., S/O.SOMANATHAN NAIR, T.C.13/2016, SAKTHI VIHAR, KANNAMMOOLA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. MR.SHAJIN S.HAMEED. RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BIJU B.THAMPI, S/O.K.BHASKARA PILLAI, T.C.13/2045, BINDU BHAVAN, KANNANMOOLA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. --------------------------- CRL.M.C. No. 826 OF 2010 -------------------------- Dated this the 10th day of March, 2010 O R D E R Petitioner is the accused in S.T. No49/2008 on the file of Additional Chief Judicial Magistrate, Thiruvananthapuram taken cognizance for the offence under Section 138 of the Negotiable Instruments Act, 1881, on a complaint filed by the second respondent. Non-bailable warrant is pending. According to the petitioner, he filed original of Annexure-B petition to advance the case, another petition for dispensing with his presence, under Section 205 of Code of Criminal Procedure and another petition to recall the non bailable warrant, but the learned Magistrate did not receive those applications and therefore necessary directions are to be issued. 2. When an accused files an application under Section 205 of Code of Criminal Procedure, the learned Magistrate cannot refuse to receive the petition, if, in fact, it was filed before the court. It is for the learned Magistrate to consider the applications in accordance with law and pass appropriate orders. Petition is disposed directing the Additional Chief Judicial Magistrate to receive and dispose the petitions in accordance with law. M.SASIDHARAN NAMBIAR (JUDGE) vps 2