IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Crl.MC.No. 2179 of 2008() ------------------------- ST.398/2006 of JUDL.MAGISTRATE OF FIRST CLASS, ETTUMANUR .................... PETITIONER: WITNESSES: ---------------------- 1. SAJAN VARGHESE, MANAGING DIRECTOR, MANGALAM PUBLICATIONS PVT. LTD., S.H.MOUNT P.O., KOTTAYAM DISTRICT. 2. SABU VARGHESE, CHIEF EDITOR MANGALAM PUBLICATIONS PVT. LTD., S.H.MOUNT P.O., KOTTAYAM DISTRICT. 3. SUNIL P.C., ACCOUNTS OFFICER MANGALAM DAILY, P.B.NO.3, KOTTAYAM-6. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS: STATE AND ACCUSED: ------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. HARISDAS.K.SUKUMARAN, HARIMANDIRAM VEEDU CHENNITHALA P.O., ALAPPUZHA. BY P.P. SRI. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2179 of 2008 ------------------------------------------------- Dated this the 10th day of June, 2008 ORDER The petitioners are witnesses for the defence in a prosecution for the offence punishable under Sec.138 of the Negotiable Instruments Act. They are officials of the complainant – company which had instituted the proceedings under Sec.138 of the N.I. Act. The accused had, in turn, cited the petitioners as defence witnesses. The petitioners came to this Court to challenge the order of the learned Magistrate to examine them as witnesses. But by Annexure-C order, their prayer was rejected and the petitioners were directed to co- operate with the learned Magistrate by appearing as witnesses in the trial. The case was posted to 29/5/08 for appearance. On that day, an application was filed stating that all the witnesses are engaged in connection with the regional meeting Crl.M.C. No. 2179 of 2008 -: 2 :- of their company in their official capacity. The learned Magistrate indulgently adjourned the case to 30/5/08. On that day also, the same request was made. The learned Magistrate rejected the application and directed the witnesses to appear on 13/6/08. Non-bailable warrants were also issued against the petitioners. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. Their absence earlier was not wilful or deliberate. They are willing to co-operate with the Court. They shall appear before the learned Magistrate on 13/6/08. It is not necessary to execute any process against them. In these circumstances, it is prayed that the non-bailable warrants issued against the petitioners may be kept in abeyance and they may be permitted to appear before the learned Magistrate on 13/6/08. 3. In the peculiar facts and circumstances of this case, I am satisfied that a lenient view can be taken and the petitioners can be permitted to appear before the learned Magistrate on 13/6/08. 4. This Crl.M.C. is, in these circumstances, allowed in part. Crl.M.C. No. 2179 of 2008 -: 3 :- It is directed that the non-bailable warrants issued against the petitioners shall not be executed till 13/6/08. The petitioners shall appear before the learned Magistrate as undertaken by their counsel on 13/6/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge