IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 CRL.MC.NO. 213 OF 2011() --------------------------------------- ST.3532/2007 OF JUDL.MAGISTRATE OF FIRST CLASS-I, MUVATTUPUZHA .................... PETITIONER(S): ACCUSED ---------------------------------------- SAJIM M.A., S/O.ABDUL KAREEM, AGED 38 YEARS, MADAKKAKATH HOUSE ,UDL P.O., ELOOR NORTH DESOM, ELOOR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.213 of 2011 ==================================== Dated this the 24th day of January, 2011 O R D E R Petitioner is the accused in S.T. No.3532 of 2007 of the court of learned Chief Judicial Magistrate, Muvattupuzha for offence punishable under Section 138 of the Negotiable Instruments Act. Grievance of petitioner is that petitioner filed application under Section 205 of the Code of Criminal Procedure (for short, “the Cr.P.C.”) seeking permanent exemption but the application was not received by the learned Magistrate. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. If petitioner has preferred an application there is no reason why it was not received. In the circumstances stated it is directed that if any application seeking permanent exemption under Sec.205 of the Cr.P.C. (if it is not already received and rejected) is filed by the petitioner learned Magistrate shall receive such application and pass appropriate orders on that application as provided under law. Criminal Miscellaneous Case is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv