IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Crl.MC.No. 426 of 2010(A) ------------------------------------ [C.M.P.NO.290/2010 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA] .................... PETITIONER/ACCUSED: ---------------------------------- E.N.ABOOBACKER, S/O.MOIDEENKUTTY, 'THAHIRAS', SIVAPURAM, THALASSERY TALUK. BY ADVS. MR.C.P.PEETHAMBARAN, SMT.LISHA.M.G. RESPONDENTS/STATE AND DEFACTO COMPLAINANT: ------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREE GOKULAM CHITS AND FINANCE COMPANY, REPRESENTED BY K.K.DHANANJAYAN, KANNUR. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 426 OF 2010 =========================== Dated this the 18th day of February,2010 ORDER Petitioner is the accused in S.T.1154/2007 on the file of Judicial First Class Magistrate Court, Koothuparamba taken cognizance for the offence under section 138 of Negotiable Instruments Act on a complaint filed by the second respondent. As petitioner was absconding, the case was included in the L.P. Register as L.P.66/2008 and a non bailable warrant is pending. Petitioner thereafter filed CMP 290/2010 under section 205 of Code of Criminal Procedure for granting exemption from personal appearance. Under Annexure A2 order petition was dismissed. This petition is filed under section 482 of the Code of Criminal Procedure to quash Annexure A2 order and grant exemption. Crl.M.C.426/2010 2 2. Learned counsel appearing for the petitioner was heard. 3. An identical question was considered by this court in Crl.M.C.66/2010. As in this case when a non bailable warrant is pending in a case taken cognizance for an offence under section 138 of Negotiable Instruments Act, the accused filed an application for exemption which was dismissed by the learned Magistrate on the ground that a non bailable warrant is pending. It is held that the pendency of a non bailable warrant by itself is not a ground to reject a petition under section 205 of Code of Criminal Procedure and it is for the learned Magistrate to decide on merits whether exemption could be granted or not. Petition is allowed. Annexure A2 order is quashed. Judicial First Class Magistrate, Kuthuparamba is directed to reconsider C.M.P.290/2010 in the light of the decision of this court and pass appropriate order in accordance with Crl.M.C.426/2010 3 law. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006