IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 Crl.MC.No. 75 of 2011() ----------------------- CC.2207/2008 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER/ ACCUSED: ---------------------- VINAYAN, S/O.KUMARAN, AMBADAN HOUSE, KALLETTUMKARA, ALOOR, TRISSUR, NOW RESIDING AT POST BOX NO.645, CODE 131, SULTANTE OF OMAN. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/COMPLAINANT -------------------------- 1. RAJEEV KUMAR, VILAYIL PUTHEN VEEDU, CHALACODE P.P.M. P.O., PUNALUR VILLAGE, PUNALUR. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: ADV. SRI. K J MOHAMMED ANSARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No. 75 of 2011 --------------------------------------- Dated this 11th day of January, 2011 ORDER Petitioner is accused in C.C.No.2207 of 2008 of the court of learned Judicial First Class Magistrate-III, Punalur for offence punishable under Sec.138 of the Negotiable Instruments Act (for short, “the Act”). Petitioner says that since he was abroad, he could not appear in court. Learned Magistrate has initiated coercive steps against him under Secs.82 and 83 of the Code of Criminal Procedure (for short, “the Code”). Petitioner intends to return to his native place within a month from this day. He is ready to appear in court. But his apprehension is that he may be remanded to judicial custody. Petitioner contends that allegation against him are frivolous and that no offence under Sec.138 of the Act is made out. Petitioner therefore seeks to quash Annexure-A1, complaint in C.C.No.2207 of 2008. Alternatively it is contended by learned counsel that petitioner may be granted time to appear in the trial court and seek regular bail. 2. So far as former prayer is concerned, having regard to the averments in the complaint, I do not consider it necessary or proper to interfere under Sec.482 of the Code. Petitioner has to Crl.M.C.No.75 of 2011 -: 2 :- work out his remedy as provided under law in the trial court. 3. So far as the alternative prayer is concerned I am inclined to grant time to the petitioner to appear in the trial court and seek regular bail. Resultantly this criminal miscellaneous case is disposed of granting one months' time to the petitioner to appear in the trial court, seek regular bail and other appropriate relief with respect to the proceedings pending under Secs.82 and 83 of the Code. Coercive steps against petitioner will stand in abeyance for the said period of one month from this day. (THOMAS P JOSEPH, JUDGE) Sbna/-