IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 Crl.MC.No. 1953 of 2011() -------------------------------------- ST.NO.2676/10 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, KOTTARAKKARA. .......... PETITIONER(S): ACCUSED: ------------------------------------------ MUBEENA BEEGUM, W/O.SHAJAHAN, JUBILEE NAGAR-26, T.C.NO.46/782, KAILAS MUKKU, MANACADU.P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.BINOY VASUDEVAN, SMT. P.G. BABITHA. RESPONDENT(S): STATE/COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MANOJ, S/O.GOPINATHAN, MUKKALUVILA VEEDU, KOLANNOOR MURI, IRUMBANANGADU.P.O., EZHUKON VILLAGE, KOTTARAKKARA TALUK - 691 505. R1 BY PUBLIC PROSECUTOR SRI. B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1953/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE COMPLAINT PREFERRED BY THE SECOND RESPONDENT. ANNEX.B: COPY OF THE REPLY NOTICE ISSUED TO THE SECOND RESPONDENT BY THE PETITIONER. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A. TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1953 of 2011 --------------------------------------- Dated this 30th day of June, 2011 ORDER Petitioner is accused in S.T.No.2676 of 2010 of the Court of learned Judicial First Class Magistrate-I, Kottarakkara for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, "the Act”). According to the petitioner the essential ingredients to attract offence under Sec.138 of the Act is conspicuously absent in Annexure-A, complaint. 2. On going through Annexure-A, complaint I am unable to accept that contention. The question whether allegations are true or not is a matter which the trial court has to decide. I do not find reason to quash Annexure-A, complaint. 3. Learned counsel submitted that petitioner is desirous of getting personal exemption from appearance in the trial court. That of course is a request which petitioner can urge before the learned Magistrate and if raised, the request shall be considered having regard to the nature of offence allegedly committed, the possibility of any dispute regarding identity and all other relevant factors. Crl.M.C.No.1953 of 2011 -: 2 :- With the above observation this criminal miscellaneous case is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-