IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 19TH APRIL 2011 / 29TH CHAITHRA 1933 Crl.MC.No. 1234 of 2011() ------------------------- CC.429/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER: --------------- C.T.CHUMMAR, XLII/494, CHERUVATTOR HOUSE, OPP.HINDUSTAN PETROLEUM CO., MATHAI MANJOORAN ROAD, PACHALAM, KOCHI. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31. 2. K.P.RAVEENDRAN, KUDAVTHUMPARAMBIL HOUSE, PONNARIMANGALAM, MULAVUCADU. PIN- 682504 PUBLIC PROSECUTOR, SMT.REKHA C. NAIR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ----------------------------------- Crl. M.C.No.1234 OF 2011 ------------------------------------- Dated this the 19th day of April, 2011 O R D E R ~~~~~~~~ This is a petition assailing an order in Crl.M.P.No.712/2011 in C.C.No.429/2008, whereby the petition preferred by the petitioner for exemption from personal appearance in a prosecution under Section 138 of the Negotiable Instruments Act was dismissed. Going by the order impugned, it is seen that the petition was dismissed mainly for the reason that the petitioner had not filed an affidavit stating the ground on which exemption was sought for. I do not find any merit in this petition. In the above circumstance, this Crl.M.C. is disposed of with liberty to the petitioner to file a proper petition before the trial court, if so desires. (P.S.GOPINATHAN, JUDGE) ps