IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Crl.MC.No. 361 of 2011() ----------------------------------- AGAINST THE ORDER DATED 03/01/2011 IN CMP 63/2011 IN CC.NO.475/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): COMPLAINANT ---------------------------------------------- VEERAN P.V., S/O.ABDULLA, PATHIYATTUVALAPPIL HOUSE, NJATTUKOOTTAM BUS STOP, CHAZHIYATTIRI (PO), PERINGODE, PALAKKAD DISTRICT. BY ADV. SRI.M.R.DHANIL SRI.C.J.DENNY RESPONDENT(S): ACCUSED & STATE -------------------------------------------------------- 1. M/S.MANAPPURAM GENERAL FINANCE & LEASING LTD., REPRESENTED BY A.V.UNNIKRISHNAN, SENIOR ASSISTANT (LEGAL) MANAPPURAM HOUSE, VALAPPAD (PO), THRISSUR DISTRICT.PIN-680 567 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.361/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX-A: COPY OF THE COMPLAINT IN C.C.NO.475/2007 ON THE FILES OF THE JFCM-1, THRISSUR. ANNEX-B: COPY OF THE PETITION DATED 3/1/2011 FILED BY THE PETITIONER BEFORE JFCM COURT-1, THRISSUR. ANNEX-C: COPY OF THE ORDER DATED 03/01/2011 OF THE JFCM COURT-1, THRISSUR IN C.M.P.NO.63/2011 IN C.C.NO.475/2007. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 361 of 2011 - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner, who is the sole accused in C.C. No. 475 of 2007 on the file of the Judicial First Class Magistrate-I, Thrissur for an offence punishable under Section 138 of the Negotiable Instruments Act, has filed this application to quash the order dated 03.01.2011 in C.M.P. No. 63 of 2011 passed by the Judicial First Class Magistrate-I, Thrissur. I am not inclined to interfere with the impugned order. It is open to the petitioner to raise all relevant points during trial. 3. The learned counsel for the petitioner submits that the personal appearance of the petitioner may not be insisted upon before the trial court. If the petitioner files an application under Section 205 Cr.P.C for dispensing with the personal appearance of the petitioner on or before 18.08.2011, the same shall be allowed on such terms and conditions the Magistrate deems fit as in my considered view this is a case under Section 138 of the Negotiable Instruments Act where personal appearance may not be necessary on every date. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv