IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 28TH APRIL 2009 / 8TH VAISAKHA 1931 Crl.MC.No. 1415 of 2009() ------------------------- CC.967/2008 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER/ACCUSED: --------------- SULAIMAN SAIT, S/O.MOOSA SAIT, AGED 53 YEARS, C.C.NO.12/1202, PANAYAPPALLY, KOCHI. BY ADV. SRI.P.M.JOSHI RESPONDENTS/COMPLAINANT: --------------- 1.SHAMSUDEEN @ SHAMSU,S/O.KUNJUMOIDU, AGED ABOUT 53 YEARS, MATHILAKATH HOUSE, KOCHI-5. 2.STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.1415 OF 2009 () ----------------------------------- Dated this the 28th day of April, 2009 O R D E R Petitioner is the accused in a complaint filed under Section 138 of the Negotiable Instruments Act, for short, the 'N.I.Act'. His request for exemption from appearance before the court was not allowed and a non bailable warrant issued against him is pending execution, is his grievance. 2. I heard the learned counsel for the petitioner. No accused can insist or claim that he is entitled to get exemption from appearance before a court. It appears that the case is now posted for judgment, and it is not open to the accused to contend that pronouncement of judgment can be made in the presence of his counsel, granting him exemption from appearance. Petitioner is directed to appear before the court on 30.4.2009, and if he appears, the learned Magistrate to CRL.M.C.1415/09 2 withdraw the non bailable warrant, if any, pending against him. If the presence of the accused is still required after the above date, the learned Magistrate may issue appropriate direction/order in accordance with law. With the above directions, this Criminal M.C. is disposed of. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009