IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Crl.MC.No. 4377 of 2011() ------------------------- ST.1687/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... PETITIONER(S)/ACCUSED :- --------------------------------------- RAJI K.VARGHESE, W/O.VARGHESE, KUZHUVELIL HOUSE, GIRINAGAR NORTH NEAR FIRE STATION,KADAVANTHRA, ERNAKULAM - 682 020 BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S)/STATE & COMPLAINANT :- --------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM,KOCHI - 682 031 2. AMBILAD MOHANAN, S/O.GOVINDAN,SHYAM NIVAS, AMBILAD P.O,MANGATTIDAM,KUTHUPARAMBU – 670 643. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 4377 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure A1 :- Copy of petition filed as C.M.P.2208/08 dated 25.9.08 before the Judicial First Class Magistrate Court, Thalassery. Annexure A2 :- Copy of the complaint filed by the 2nd respondent before the Judicial First Class Magistrate Court, Thalassery on 25.9.2008. Annexure A3 :- Copy of a petition filed before the Judicial First Class Magistrate Court, Thalassery on 15.3.2010 under Section 205 of the Code of Criminal Procedure by the petitioner. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4377 of 2011 ----------------------------------- Dated this the 22nd day of December 2011 O R D E R Petitioner is the accused in S.T.No.1687/2009 of J.F.C.M., Thalassery. The offence alleged against her is under Sec.138 of N.I.Act. The cheque in question is for Rs.5 lakhs as can be seen from Annexure A2 complaint. 2. It is submitted by the learned counsel for the petitioner that the petitioner was earlier allowed to be represented under Sec.205 Cr.P.C. But later the learned Magistrate issued NBW presumably because the accused was not represented or because the counsel appearing for the accused was not ready to participate in the trial. Now, the learned counsel for the petitioner submits that the petitioner will surrender before the learned Magistrate on or before 6.1.2012. If the petitioner apprises the learned Magistrate of the reason for her non appearance before the Crl.M.C. No.4377 of 2011 -: 2 :- trial court earlier or as to the laches if any on the part of her counsel in co-operating with the trial of the case and if the petitioner undertakes that she will co-operate with the trial of the case and will be available at the time when the case is posted for evidence and also for being questioned under Sec.313 Cr.P.C. and complies with other conditions that may be imposed by the learned Magistrate then, the learned Magistrate will consider those contentions and dispose of the bail application as expeditiously as possible. This Crl.M.C. is disposed of as stated above. N.K.BALAKRISHNAN, JUDGE. Jvt