IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 Crl.MC.No. 3206 of 2008() ------------------------- S.T.NO.1876 OF 2006 ON THE FILE OF THE J.F.C.M-III, PALAKKAD PETITIONER: 2ND ACCUSED ----------------------- K.N.RAMAKRISHNAN, 50 YEARS, S/O.S.KRISHNA IYER,K.N.R.ASSOCIATES, MUNICIPAL COMPLEX, IST FLOOR, OPP:DISTRICT HOSPITAL, COURT ROAD, PALAKKAD. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE INDIAN BANK, THORAPALAYAM BRANCH, PALAKKAD,REPRESENTED BY ITS MANAGER. 3. T.KRISHNA DAS, S/O.DAMODARAN, S/O.DAMODARAN, PROPRIETOR, T.F.ADVERTISERS & V.V.COMMUNICATIONS, MAIN ROAD, OLAVAKKODE, PALAKKAD. BY PUBLIC PROSECUTOR SRI.JIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3206 of 2008 = = = = = = = = = = = = = = = = = Dated this the 22th day of August, 2008 ORDER Petitioner, who is the 2nd accused in S.T.No.1876 of 2006 on the file of the J.F.C.M-III, Palakkad, which is a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.4,01,000/- seeks to quash the proceedings so far as they pertain to him. 2. The learned counsel for the petitioner submits that the case has reached the stage of 313 examination of the accused. I am not inclined to quash the proceedings at this stage of the trial. The petitioner can canvas for acquittal, if, on the material before the Court, the same is permissible. However, since the petitioner claims to be a practicing lawyer, he can apply for personal exemption by filing a petition in which he shall undertake that he will not dispute his identity during the trial. If such a petition is filed, I am sure that the learned Magistrate will grant personal exemption to the petitioner. The petitioner can also request for direction to his counsel to answer the questions during 313 examination. With this liberty to the petitioner, this Crl.R.P. is dismissed. V. RAMKUMAR, JUDGE sj