IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Crl.MC.No. 4358 of 2010 --------------------------------- [C.C. NO.2189/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-VI, ERNAKULAM] ............... PETITIONER/ACCUSED: ---------------------------------- MR.SADANANDAN.K.K, KONADANPARAMPIL, KURUNTHAR, KUZHIKKALA P.O., PATHANAMTHITTA, KOZHENCHERRY. BY ADVS. SRI.M.T.SURESHKUMAR, SRI. RAJA VIJAYARAGHAVAN. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. ING VYSYA BANK LIMITED, REGIONAL OFFICE, FIRST FLOOR, `SHEMA BUILDING', RAVIPURAM, ERNAKULAM-682 016, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR.KUMARDAS. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.4358 of 2010 = = = = = = = = = = = = = = Dated this the 1 st day of November, 2010 ORDER Petitioner, who is the accused in C.C.No.2189/2009 on the file of the J.F.C.M-VI, Ernakulam which is a prosecution under Section 138 of the Negotiable Instrument Act, 1881, involving three cheques each for `1,147/- (Rupees one thousand one hundred and forty seven only) seeks a direction to the Magistrate to allow the petitioner to plead guilty in the above case through his counsel with right to appeal on the question of sentence alone, in case the sentence includes a substantive sentence of imprisonment of more than one till the rising of the court is imposed. 2. The grievance of the petitioner is that notwithstanding the dictum laid down by this Court in Jain Babu v. Joseph and another (2008(4) KLT 16), the learned Magistrate dismissed his application under Section 205 Cr.P.C seeking personal exemption and dismissed his application to plead guilty through his counsel. Crl. M.C. No. 4358 of 2010 2 3. In the light of the verdict in Jain Babu's case there is no reason why the petitioner should not be denied an opportunity to plead guilty through his counsel. Accordingly, if the petitioner files a fresh application under Section 205 Cr.P.C with a permission to plead guilty in absentia through his counsel, the same shall be allowed provided the petitioner deposits a sum of `5,000/- (Rupees five thousand only) towards fine/compensation which may be imposed on him by the court below while accepting the plea of guilt to be made by the petitioner through his counsel. This Crl.M.C is allowed as above. Dated this the 1st day of November, 2010. V. RAMKUMAR, JUDGE sj