IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Crl.MC.No. 2890 of 2005() ------------------------------ CC.1062/2001 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): 3RD ACCUSED ------------------------------------- SAILESH MOHAN SHARMA, DIRECTOR, M/S.RAM BAHADUR THAKUR LTD., II MAIN ROAD, WILLINGTON ISLAND, COCHIN-682 003. BY ADVS. SRI.JOSEPH KODIANTHARA SRI.MATHEWS K.UTHUPPACHAN RESPONDENT(S): COMPLAINANT AND STATE ----------------------------------------------------- 1. M/S.APPLE CREDIT CORPORATION LTD., REP. BY ITS AUTHORISED AGENT, MR.ABDUL NASEER, ASSISTANT OFFICER RECOVERY, CHOICE TOWERS, PANAMPILLYNAGAR, COCHIN-682 016. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDINGS, ERNAKULAM. R1 BY ADV. SRI.P.T.JOSE R2 BY PUBLIC PROSECUTOR SRI.B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO.2890/2005 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE HONOURABLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT AT ERNAKULAM DATED 31/01/2001. ANNEXURE B:COPY OF THE ORDER DATED 02/03/1998 OF THE COMPANY LAW BOARD, NEW DELHI. ANNEXURE C:COPY OF THE PROPOSAL FOR JOINT MANAGEMENT AGREEMENT DATED NIL. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2890 of 2005 - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the 3rd accused in C.C. No. 1062 of 2001 on the file of the Addl. Chief Judicial Magistrate, Ernakulam for an offence punishable under Section 138 of the Negotiable Instruments Act. I am not inclined to quash the charge at this stage. It is open to the petitioner to raise all relevant points before the trial court. 3. The learned counsel for the petitioner submits that this being a case under Section 138 of the Negotiable Instruments Act, personal appearance of the petitioner may not be insisted upon. It is for the petitioner to file an application under Section 205 Cr.P.C before the trial court. If such an application is filed, the personal appearance of the petitioner may be dispensed with on such terms and conditions the learned Magistrate deems fit. The trial of the case be expedited. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv