IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Crl.MC.No. 3580 of 2011() ------------------------- AGAINST THE ORDER IN LPC.158/2007 IN CC.58/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED ---------------------- ELIAS D'SOUZA, S/O. SYLESTER D'SOUZA, AGED 36, CABLE NETWORK OPERATOR, NEAR JAMALIYA TIMBERS, OPPOSITE SUK HALL, RESIDING AT MORNING STAR, KUNTENGARADKA, KUMBALA.P.O, KASARAGOD DISTRICT. BY ADV. SRI.R.UDAYA KUMAR SRI.JACOB E SIMON RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSEUTOR, HIGH COURT OF KERALA, ERNAKULAM (CC. NO. 158/2007 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD WHICH IS NUMBERED AS LPC 158/2007) BY ADV.SMT.R.REMA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ami/ N.K.BALAKRISHNAN, J. ------------------------------- Cr.M.C.No.3580 of 2011 ------------------------------- Dated this the 21st day of October, 2011. O R D E R The petitioner is the accused in C.C.No.58/2007 on the file of CJM court-Kasaragod. Since he did not appear, his case was transferred to the register of Long Pending Cases (LPC) and it was numbered as L.P.C.No.158/07. The complaint was filed against him alleging offence under Section 138 of Negotiable Instruments Act. The learned counsel for the petitioner/accused submits that, the cheque was stated to have been issued for Rs.1,48,000/-. According to the petitioner, he did not receive any summons nor was he aware of the filing of the case and that was why he did not appear in court. That plea may not be acceptable as such. However, since the petitioner intends to surrender before the Magistrate, the following direction is issued : If the accused surrenders before the learned Magistrate on or before 2.11.2011 and if he 2 Cr.M.C.No.3580 of 2011 deposits a sum of Rs.20,000/- (Rupees twenty thousand only) on that date and if the petitioner files an affidavit that he will deposit another sum of Rs.20,000/- (Rupees twenty thousand only) within one month from 2.11.2011, his bail application will be considered favourably and disposed of by the learned CJM on the same day and such other conditions can also be imposed on him to ensure his due appearance to expedite the trial, if so requires. N.K.BALAKRISHNAN Judge. ami/