IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Crl.MC.No. 1776 of 2008() ------------------------- CC NO.1046/03 OF THE JFCM-I, CHERTHALA. PETITIONER: ------------ K.S. REMADEVI, AGED 55 YEARS DEPUTY MANAGER, KELTRON AREA SALES OFFICE S.R.M.ROAD,KOCHI-18. BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENTS: ------------- 1. V.SATHEESAN,S/O. VASU, PADNDIYALAKKAL HOUSE, THYCKAL P.O., CHERTHALA SOUTH. 2. STATE OF KERALA,RP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.1776 of 2008 ------------------------------------------------- Dated this the 29th day of April, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. The proceedings were initiated as early as in 2003. The petitioner has not entered appearance so far. The case now stands posted to 30/4/08, it is submitted. According to the petitioner, she is unable to move about and hence not able to appear before the learned Magistrate on 30/4/08. She further prays that the non- bailable warrant issued against her may be directed to be recalled. 2. I find no reason to grant the said relief. The petitioner has to appear before the learned Magistrate personally or through pleader and explain to the learned Magistrate the circumstances under which she is unable to Crl.M.C. No. 1776 of 2008 -: 2 :- appear. If the learned Magistrate is satisfied about the reasons shown, I have no reason to believe that appropriate orders shall not be passed by the learned Magistrate. It is for the petitioner to appear before the learned Magistrate either personally or through pleader and explain to the learned Magistrate the circumstances under which she was unable to appear earlier or is unable to appear on 30/4/08. No directions appear to be necessary under Sec.482 of the Cr.P.C. 3. This petition is accordingly dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge