IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Crl.MC.No. 441 of 2008(D) ------------------------- CC.1010/2000 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER: ACCUSED NO.4 ------------------------ DR.P.MOHAMMED ABDUL REHMAN, S/O.LATE P.A.IMBICHI, PADINNARAKATH - 679 577. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SRI.R.JAYACHANDRAN SMT.SMITHA GEORGE. RESPONDENTS: STATE, COMPLAINANT & A1 TO A3 ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED (KSIDC), CHOICE TOWERS, MANORAMA JUNCTION, COCHIN - 16, REPRESENTED BY ITS ASSISTANT ENGINEER (LEGAL) MRS.V.R.USHA. 3. M/S.CHERAMANN RESORTS (P) LIMITED, BIBBRU PALACE BUILDING, INDIRA GANDHI ROAD, CALICUT REPRESENTED BY ITS MANAGING DIRECTOR SRI.ABDUL KAREEM. 4. SHRI.A.M.ABDUL KAREEM, MANAGING DIRECTOR, M/S.CHERAMANN RESORTS (P) LIMITED, A 52, VRINDAVAN COLONY, CHEVAYOOR, CALICUT. 5. SHRI.P.LIAQUATH, EXECUTIVE DIRECTOR, M/S.CHERAMANN RESORTS (P) LIMITED, P.V.S.APARTMENT, GROUND FLOOR, "D" YMCA ROAD, CALICUT - 1. BY PUBLIC PROSECUTOR SRI.M.S. BREEZE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ------------------------------- Crl.M.C. No. 441 OF 2008 ----------------------------------- Dated this the 5th day of February, 2008 O R D E R Petitioner who is the 4th accused in CC No.1010 of 2000 on the file of the Chief Judicial Magistrate's Court, Ernakulam for the offences punishable under Section 138 of the Negotiable Instruments Act seeks to quash the proceedings before the said Magistrate. Admittedly, non bailable warrant of arrest is pending against the petitioner. The circumstances under which that warrant came to be issued against the petitioner are not discernible to this court. Hence, the only course of action open to the petitioner is to plead for a discharge in absentia, in case he has valid contention in that behalf. Accordingly, the petitioner is permitted to plead for a discharge in absentia by filing an application through his counsel within two weeks from today. If and when such a petition is filed, the same shall be considered and disposed of by the Chief Judicial Magistrate without insisting on the personal appearance of the petitioner. V. RAMKUMAR, JUDGE btt WPC No. 2 WPC No. 3