IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Crl.MC.No. 1935 of 2008() ------------------------- ST.45/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM .................... PETITIONER: ACCUSED ------------------- MANUEL GEORGE @ MANICHAN, AGED 53 YEARS, VALLOKKUNNEL, OORPPANOLIL, NEAR ST.JOSEPH CHURCH, VARAINIKAD, CHETTUTHODU PO, KOTTAYAM. BY ADV. SRI.S.RAJEEV RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. N.S.SUKUMARA PANICKER, AGED 56 YEARS, LAKSHMI BHAVAN, VEDIPPURA LANE, COLLECTORATE PO, KOTTAYAM. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. ERNAKULAM. R2 BY P.P. SRIM.S.BREEZ. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16-5-2008,, THE COURT ON 21-5-2008, PASSED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------------- CRL.M.C.N0.1935 OF 2008 ---------------------------------------------- Dated this the 21st May, 2008. ORDER The petitioner who is the accused in S.T.No.45/2008 pending on the file of the Chief Judicial Magistrate Court, Kottayam, seeks an order under section 482 of Cr.P.C. to quash the above case. S.T.No.45/2008 is a case instituted on a private complaint preferred by the Ist respondent for the offence punishable under section 138 of the Negotiable Instruments Act. In support of the prayer to quash the complaint, several legal and factual grounds were urged. But after hearing the matter to a certain extent and when this court is not inclined to quash the proceedings, the learned counsel submitted that the Crl.M.C. may be disposed of directing the court below to consider the application for exemption. Having regard to the facts and circumstances involved in the case, I am of the view that the court below can be directed to consider the application for exemption if any filed by the petitioner in favour of him. 2. In the result, this Crl.M.C. is dismissed but subject to Crl.M.C.1935/08. -:2:- the direction that in case the petitioner prefer a petition for exemption, the same shall be considered in his favour and his presence may be dispensed except when his presence is inevitable. V.K.MOHANAN, JUDGE. kvm/- Crl.M.C.1935/08. -:3:- V.K.MOHANAN, J. No.... Judgment/Order Dated: