IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Crl.MC.No. 1556 of 2009() ------------------------- ST.885/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER(S): ACCUSED: ------------------------------------------ BINU T.V., AGED 30 YEARS, S/O. VARGHESE, THUNDIL VADAKKETHIL, MANGARAM, PANDALAM P.O., ADOOR TALUK BY ADVS. MR.SAKIR.K.H., MR.BIJU GEORGE (ERNAKULAM). RESPONDENT(S): COMPLAINANT AND STATE: --------------------------------------------------------------------- 1. GOPALAKRISHNA PILLAI, VAISHNAVAM, VADAKKEVILA, MADANADA, KOLLAM DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1556 OF 2009 ------------------------------------------ Dated 21st May 2009 O R D E R Petitioner is the accused in S.T.885/2007 on the file of Chief Judicial Magistrate, Kollam. First respondent lodged the complaint alleging that petitioner committed offence under Section 138 of Negotiable Instruments Act. According to the petitioner he has to file a petition for personal exemption under Section 205 of Code of Criminal Procedure and to recall the non bailable warrant issued and therefore a direction is to be issued to the Chief Judicial Magistrate not to insist the personal presence of the petitioner. Petitioner has not so far appeared before the Magistrate or file an application under Section 205 of Code of Criminal Procedure. If petitioner files an application, Chief Judicial Magistrate has to pass appropriate orders in that application, in accordance with law, without delay. M.SASIDHARAN NAMBIAR, JUDGE. uj.