IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Crl.MC.No. 4137 of 2011() ------------------------- CC.366/2006 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR .................... PETITIONER(S): ACCUSED ---------------------- PADMANABHAN, AGED 50 YEARS, S/O. ITTIRI, PALLIPURAM HOUSE, NEDUPUZHA, KANIMANGALAM, THRISSUR. BY ADV. SMT.R.SUDHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BABU P.K. AGED 42 YEARS, S/O. KUNJAPPAN, PUTHANPURAKKAL HOUSE, OLLUR, THRISSUR - 680306. R1 BY P.P.SMT.S.HYMA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX(CRLM.C.4137 OF 2011) PETITIONER'S ANNEXURE: ANNEXURE A1: TRUE COPY OF THE COMPLAINT IN CC NO.366/2006 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.III, THRISSUR. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4137 of 2011 ---------------------------------------------------- Dated this the 3rd day of December, 2011 Order The petitioner is the accused in CC No.366 of 2006 on the file of JFCM Court-III, Thrissur. The case was filed under Section 138 of the N.I.Act. The learned counsel for the petitioner submits that NBW has been issued against the accused since he did not appear before the trial court on a few days since his father was admitted in the hospital due to cancer. His father expired subsequently. Hence, according to the petitioner, it was because of the above reason, he could not appear in court. 2. The case was filed in the year 2006, nearly five years have lapsed. The cheque in question is stated to be for Rs.2 lakhs. If the accused surrenders before the learned Magistrate on 12.12.2011 and if he deposits Rs.25,000/- and also executes bond to the satisfaction of the learned Magistrate, the learned Magistrate will favourably consider his request for bail. The learned counsel for the petitioner undertakes that the petitioner will be present and co-operate with the court for expeditious Crl.M.C.4137/2011 2 disposal of the case. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.4137/2011 3