IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Crl.MC.No. 2175 of 2009 --------------------------------------- ORDER ON CRLMP.1482&1483/2009 IN LP.262/2004 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD .................... PETITIONER/ACCUSED: N.DEVADAS, AGED 55 YEARS, PROPRIETOR, DAS REFRIGERATION, ROOM NO.3, ANAND LODGE COMPLEX, SHORNUR-NURANI ROAD, NOORANI, PALAKKAD. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN RESPONDENTS/COMPLAINANT: 1. STATE OF KERALA RPERESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. M.R.SESHADRI, 'PRASEEDA', NEW STREET, NOORANI, NOORANI VILLAGE, PALAKKAD. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2175 of 2009 -------------------------- ORDER Petitioner is the absconding accused in the case, which is now pending as L.P.No.262/2004 on the file of Chief Judicial Magistrate's Court, Palakkad. Learned Magistrate took cognizance of the offence under Section 138 of Negotiable Instruments Act on the complaint filed by the second respondent. Petitioner filed Crl.M.P.Nos.1482/2009 and 1483/2009 for exemption from personal appearance under Section 205 of Code of Criminal Procedure and for withdrawing the Non Bailable Warrant. Under Annexure-1 order, learned Chief Judicial Magistrate dismissed the applications holding that petition under Section 205 could be entertained only after surrendering before the court and an absconding accused is not entitled to file an application to recall the warrant. This petition is filed under Section 482 of Code of CRMC 2175/09 2 Criminal Procedure to quash Annexure-1 order and to permit the petitioner to appear through counsel. 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel submitted that dispute with the second respondent was settled, but, as the case is in the long pending register, a compounding petition could not be filed. If the petitioner, along with the second respondent, files a petition under Section 147 of Negotiable Instruments Act for permission to compound the offence, learned Chief Judicial Magistrate shall grant permission without insisting for the petitioner to surrender before filing the application. Petition is disposed. 6th July, 2009 (M.Sasidharan Nambiar, Judge) tkv