IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.Rev.Pet.No. 2130 of 2008() ------------------------------ AGAINST THE ORDER IN CMP.2424/2008 IN ST.454/2008 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... REVN. PETITIONER: ------------------ LEANS EXPORT, THIRUVANANTHAPURAM REP. BY ITS PROPRIETOR, XAVIER D' CRUZ, VALIYATHURA B.NO. 44/614, THIRUVANANTHAPURAM BY ADV. SRI.P.BABU KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. M/S. JOSE REFRIGERATION KADUTHURUTHY REP. BY ITS PROPRIETOR, JOSE S/O. KORAH, KADUTHURUTHY P.O. KOTTAYAM DISTRICT BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 27-06-2008 , THE COURT ON 27/06/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.R.P.NO. 2130 of 2008 * * * * * * * * * * * * * * * * * * Dated: 27-06-2008 ORDER Petitioner who is the accused in S.T. No. 454 of 2008 on the file of the J.F.C.M. Vaikom which is a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881, challenges the dismissal of his application filed as CMP No. 2424 of 2008 under Sec. 258 Cr.P.C. for dropping the proceedings. I see no grounds to interfere with the impugned order. It is open to the petitioner to raise all the defences available to him during the trial of the case namely S.T. 454 of 2008. If the petitioner wants personal exemption from appearance before the Magistrate, he may file an application in that behalf and the application shall be considered and disposed of in accordance with law. 2. Crl.R.P. is disposed of as above. In case, the petitioner files an application for bail, the same shall be considered preferably, on the same date on which it is filed. Dated this the 27th day of June 2008. V. RAMKUMAR, (JUDGE) ani.