IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Crl.MC.No. 737 of 2009() ------------------------ CC.764/2008 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR .................... PETITIONER(S): ACCUSED ----------------------------- G.RAJENDRAN NAIR, NADUVILE THOPPIL HOUSE BUDHANOOR.P.O,ALAPPUZHA DISTRICT. BY ADV. SRI.P.VINODKUMAR SRI.T.K.AJITH KUMAR RESPONDENT(S): COMPLAINANT --------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE P.PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. CHANDRIKA.S.PILLAI, CHAITHANYA HOUSE, THEYYOOR MURI, BUDHANOOR, ALAPPUZHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 737 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of February, 2009. O R D E R This petition is filed with a prayer to quash the order of issuance of warrant and permit the petitioner to appear through the counsel and defend the case C.C.764/08 pending before the Judicial First Class Magistrate-I, Chengannur for the ends of justice. The petitioner is an accused under Section 138 of the N.I. Act and it is averred that he had moved an application along with a No Objection Certificate and fresh vakalath and sought time for personal appearance on 6.12.08. The Court rejected the application and had issued warrant. The approach to be done in S.138 of N.I. Act cases has been laid down by this Court in Mrs. Jain Babu v. K.J. Joseph (2008 (4) KHC 1). At the same time it has to be stated the rule of law has to be protected and there must be respect shown by the accused to the system and it is such person who respect the system and rule of law the principles that are enumerated in the decision have to be CRL.M.C. 737 OF 2009 -:2:- applied. I do not want to say further in this case because there was an attempt on the part of the accused at least to seek time for appearance which shows that it was not a deliberate act on his part to evade his presence before Court. But the Court really did not entertain it and that does not mean that he is not prepared to obey the orders of the Court. Therefore I direct him to surrender before the Court on 26.2.2009 and apply for bail and being a bailable offence the Court shall grant him bail and then consider the application if any filed u/s 205 of CrP.C and dispose it of in accordance with law. Since I have fixed the date of appearance as 26.2.2009, the non-bailable warrant issued shall not be executed till that date. The CRL.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-