IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Crl.MC.No. 2356 of 2009() ------------------------------------ CC.124/2000 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KOLENCHERRY .................... PETITIONER/ACCUSED --------------------------------- A. ABDUL VAHEED, MELEPUNNARACKAL HOUSE, VIZHINJAM,TRIVANDRUM. BY ADV. MR.C.UNNIKRISHNAN (KOLLAM) RESPONDENT/COMPLAINANT ------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. M/S.FIVE STAR ACQUA MINERALS, KOLENCHERRY,REP.BY ITS PROPRIETOR, JACOB T.ABRAHAM,RESIDING AT THANIMOLEL HOUSE, MANGATTOOR, KOLENCHERRY. R1 BY PUBLIC PROSECUTOR MR.P. RAVEENDRA BABU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2356 of 2009 -------------------------- ORDER Petitioner is the accused in C.C.Nos.124/2000 and 159/2000 on the file of Judicial First Class Magistrate's Court, Kolencherry, taken cognizance by the Magistrate for offence under Section 138 of Negotiable Instruments Act. As petitioner did not appear, steps under Sections 82 and 83 of Code of Criminal Procedure were taken and a non bailable warrant is pending against him. This petition is filed under Section 482 of Code of Criminal Procedure for a direction to the Magistrate to allow the petitioner to appear through a pleader and to recall the non bailable warrant. 2. Learned counsel appearing for the petitioner submitted that after filing this petition, petitioner has moved a petition before the Magistrate under Section 205 of Code of criminal Procedure and no order is passed. Magistrate is directed to pass appropriate order in that petition in accordance with law. Petition is disposed. 10th August, 2009 (M.Sasidharan Nambiar, Judge) tkv