IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Crl.MC.No. 1229 of 2011() ------------------------- ST.7315/2010 of JUDL. MAGISTRATE OF FIRST CLASS-II(MOBILE), KOZHIKODE .................... PETITIONER(S): ACCUSED: ------------------------------------------ ABDUL KHADER,S/O.MAMMAD KOYA, KANNANCHERI HOUSE, PO KOLATHARA,NEAR CHERUVANNOOR SRAMBIKA,KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE: ------------------------------------------------------------------ 1. K.T.ALI HAJI,S/O.MOYIN,KUTTIYIL HOUSE, CHELOOPPADAM,CHELEMBRA,MALAPPURAM DISTRICT 676 508. 2. STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1229/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONER WHICH IS NUMBERED AS ST 7315/2010 ON THE FILE OF JUDICIAL MAGISTRATE OF FIRST CLASS II (MOBILE), KOZHIKODE ANNEX.B: COPY OF THE UNCLAIMED LAWYER NOTICE. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1229 of 2011 --------------------------------------- Dated this 27th day of June, 2011 ORDER Petitioner is accused in S.T.No.7315 of 2010 of the Court of learned Judicial First Class Magistrate-II (Mobile), Kozhikode for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, "the Act”). That case arose on a complaint filed by the first respondent. According to the petitioner, the complaint is bad in law since statutory notice was not served on the petitioner. It is contended that notice issued to the petitioner was returned with an endorsement “addressee left India” and, that is not sufficient with compliance with Sec.138(b) of the Act. 2. These are the contentions which petitioner has to raise before learned Magistrate at the appropriate stage. 3. It is submitted that petitioner is working abroad, has difficulty to appear before learned Magistrate in person and hence petitioner may be permitted to contest the case through counsel. That is a request which petitioner can urge before learned Magistrate through counsel and if any such request is made learned Magistrate shall consider the same having regard Crl.M.C.No.1229 of 2011 -: 2 :- to the nature of offence and difficulties stated by petitioner and take appropriate decision in the matter. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-