IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Crl.MC.No. 596 of 2008() ------------------------ CC.905/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER: ACCUSED NO. 1 TO 5 ------------------------------ 1. M/S.MANGALAM PUBLICATIONS (INDIA) PVT.LTD., MANGALAM COMPLEX, P.B.NO.3, S.H.MOUNT, P.O.KOTTAYAM. 2. MR.SAJAN VARGHESE, MANAGING DIRECTOR, MANGALAM PUBLICATIONS (INDIA) PVT.LTD., MANGALAM COMPLEX, P.B.NO.3, S.H.MOUNT, P.O.KOTTAYAM. 3. MRS.CLARAMMA VARGHESE, DIRECTOR, MANGALAM PUBLICATIONS (INDIA) PVT.LTD., MANGALAM COMPLEX, P.B.NO.3, S.H.MOUNT, P.O.KOTTAYAM. 4. DR.SAJI VARGHESE, DIRECTOR, MANGALAM PUBLICATIONS (INDIA) PVT.LTD., MANGALAM COMPLEX, P.B.NO.3, S.H.MOUNT, P.O.KOTTAYAM. 5. MR.BIJU VARGHESE, DIRECTOR, MANGALAM PUBLICATIONS (INDIA) PVT.LTD., MANGALAM COMPLEX, P.B.NO.3, S.H.MOUNT, P.O.KOTTAYAM. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. M/S.GODREJ & BOYCE MFG.CO.LTD., REGD. OFFICE AT PIROJSHANAGAR, VIKHROLI, MUMBAI-400 079 AND HAVING BRANCH AT DOOR NO.IX/418/A4, A5, A6, A8 AND A9 NEAR INFOPARK EDACHIRA, THENGODE P.O., KAKKANAD, COCHIN-30, REP.BY ITS BRANCH MANAGER,MR.RAGHAVAN. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 596 of 2008 * * * * * * * * * * * * * * * * * * Dated: 21-02-2008 ORDER Petitioners are the accused in a prosecution under Section 138 of the Negotiable Instruments Act. Pursuant to Annexure B order dated 25-09-2007 passed by this Court in Crl. M.C. No. 2967 of 2007 they surrendered before the learned Magistrate and applied for bail and were enlarged on bail. The learned Magistrate also permitted them to apply for personal exemption thereafter. The case stood posted to 22- 12-2007. On that day, on account of traffic problem, the learned counsel for the petitioners could not reach the court in time and the case was called and in the absence of the petitioners warrant was issued to them and the case posted to 27-3-2008. In the meanwhile on 28-01-2008 as permitted by this Court the petitioners filed an application under Section 205 Cr.P.C seeking personal exemption. The grievance of the petitioners is that since non-bailable warrants have been issued against the petitioners and the prayer in Annexure D application filed by the counsel to recall the warrant has not been acceded to, the learned Magistrate is insisting on the personal appearance of the petitioners for considering Annexure C application. Crl.M.C. No. 596 of 2008 -:2:- Being a prosecution under Section 138 of the Negotiable Instruments Act, personal appearance of the accused is hardly necessary and there need not be any insistence on their personal appearance. Accordingly, the warrants issued against the petitioners shall stand recalled and the petitioners will continue to be on bail as before and Annexure C application seeking personal exemption under Sec. 205 Cr.P.C will stand allowed. The Magistrate shall insist on the personal appearance of the petitioners only if it is inevitable during any stage of the trial. V. RAMKUMAR, (JUDGE) ani.