IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 13TH MAY 2008 / 23RD VAISAKHA 1930 Crl.MC.No. 1839 of 2008 ---------------------------------- CC.1600/2007 OF THE JFCM-I, THRISSUR .................... PETITIONER/ ACCUSED: ----------------------------------- N.P.ABDUL LATHIF, S/O. MOHAMMED, AGED 31 YEARS, NEDUPARAMBIL HOUSE, PONMUNDAM POST, VAILATHOOR, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER. RESPONDENTS/ STATE & COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, RERPESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SREE GOKULAM CHITS AND FINANCE COMPANY PRIVATE LIMITED, NO.66, ARCOT ROAD CHENNAI -600024. BY PUBLIC PROSECUTOR SRI. K.C. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. -------------------------------- Crl.M.C.No.1839 of 2008 -------------------------------- Dated this the 13th day of May, 2008. O R D E R Petitioner who is the accused in C.C.No. 1600/2007 on the file of Judicial First Class Magistrate-I, Thrissur alleging commission of offence punishable under Sec.138 of the Negotiable Instruments Act seeks a direction to the J.F.C.M-I, to recall warrant or to quash the complaint. 2. The learned Public Prosecutor opposed the application. 3. Consequent on his non-appearance in C.C.No.1600 of 2007, non-bailable warrants of arrest are pending against the petitioner. This Court will not issue a direction to the court below so as to nullify the process issued by a court of competent jurisdiction. Since the prosecution is only under Section 138 of the N.I.Act and the custody of the petitioner is not required, there is no reason why the petitioner should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioner surrenders before the Magistrate concerned within two weeks from today and files an application for regular bail, the same shall be considered and disposed of preferably on the same day on which it is filed bearing in mind the decision in Sukumari v. State of Kerala [2001 (1) KLT 22]. With the above observation, this Application is disposed of . V.K.MOHANAN, Mbs/ JUDGE.