IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 20721 of 2007(P) -------------------------- ST.738/2006 of J.M.F.C.-IX, THIRUVANANTHAPURAM .................... PETITIONER: ------------ SIBI JOHN, SHASWATH TRADING, 41/114 1B, II FLOOR, SURABI BUILDING, PULLEPPADY ROAD, COCHIN-18. BY ADV. SRI.N.RATHEESH SMT.SUMA RATHEESH RESPONDENTS: ------------- 1. M/S SOUTHERN REFINERIES LTD., KAWADIAR P.O., THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY G.P. SRI. AMJAD ALI. BY ADV. SRI. S. RAJEEV – AMICUS CURIAE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- W.P.(c) No.20721 of 2007 ------------------------------------------------- Dated this the 4th day of September, 2008 JUDGMENT The petitioner, who faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act, has come to this Court with a grievance that he is unnecessarily obliged to appear in person, offer bail and execute bond. I have already taken the view in Crl.M.C.No.1977/07 dated 4/9/2008 that an indictee in a prosecution under Sec.138 of the N.I. Act need not be compelled to appear in person and the powers under Sec.205 Cr.P.C. to exempt him from personal appearance can be invoked in his favour. I need only mention that the petitioner shall be entitled to the advantage and the benefit of all the directions issued in Crl.M.C.No.1977/07 which is also disposed of today. The petitioner can appear through counsel and claim exemption -: 2 :- under Sec.205 Cr.P.C. 2. With the above observations, this writ petition is allowed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge