IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.MC.No. 1551 of 2008() ------------------------- CC.92/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER: 2ND ACCUSED: ------------------------ RABEENA HARIS, W/O. HARIS, RESIDING AT CC.12/35B, AYYAN MASTER ROAD, PANAYAPPILLY, KOCHI-2. BY ADV. SRI.T.MADHU RESPONDENTS: STATE: ------------------- 1. SHARAFUDEEN, S/O. AVARU, RESIDING AT C.C.13/544, NEAR CHANDANAPPALLY, KOCHANGADI, KOCHI-5. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 1551 of 2008 * * * * * * * * * * * * * * * * * * Dated: 09-04-2008 ORDER Petitioner, a woman, is the 2nd accused in C.C. 92 of of 2007 on the file of the J.F.C.M. II, Kochi which is a prosecution launched against her and her husband under Section 138 of the Negotiable Instruments Act, by the first respondent alleging the dishonour of a cheque for Rs. 1,30,000/-. According to the petitioner, this is a vexatious prosecution launched without any basis at all and the petitioner is not the holder of the bank account in question. These are all defences available to the petitioner in the prosecution before the Magistrate. Since the petitioner is a woman and the question of her identity may not arise for consideration during the trial of the case, I am inclined to permit the petitioner to plead for personal exemption before the Magistrate during trial. In case, the petitioner files an application for personal exemption before the Magistrate undertakes that she will not raise the question of identity, she shall be permitted to represent through her counsel and the learned Magistrate shall not insist her personal appearance unless it is found inevitable in any stage of the trial of the case. This Crl. M.C. is accordingly disposed of . V. RAMKUMAR, (JUDGE) ani.