IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Crl.MC.No. 207 of 2008() ------------------------ ST.144/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONER: PETITIONER: ----------------------- G. PONNAMMA AMMA, PROPRIETRIX, DEVI CASHEW FACTORY PUTHOOR P.O., KOTTARAKKARA TALUK. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENTS: RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SIRAJUDEEN, SHAJAHAN MANZIL, ROYAL NAGAR 19, KILIKOLLOOR, KOLLAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J ...................................... Crl.M.C. No. 207 of 2008 ...................................... Dated:17-01-2008 ORDER Petitioner who is the accused in S.T. 144 of 2007 on the file of the chief Judicial Magistrate, Kollam for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs. 3,00,000/- challenges the order dated 11-10-2007 issuing non-bailable warrant of arrest issued against her after rejecting her application to excuse her absence before the Magistrate. 2. Since the question involved in this Crl.M.C. is only pertaining to the appearance of the petitioner before the Magistrate and it does not involve any question of identity, notice to 2nd respondent /complainant is dispensed with in this petition. 2. The petitioner is stated to be aged 88 years and, going by Annexure - I medical certificate she is having left sided hemiplegia and is bedridden and not in a position to Crl.M.C. No. 207 of 2008 -:2:- make any movements of her own. I do not see the justification on the part of the Magistrate to insist on the personal appearance of the petitioner before the court unless it be a sadistic pleasure to see the accused in the dock in a prosecution under Sec. 138 of the N.I. Act. A person like the petitioner can only pray for the mercy of the Magistrate by seeking personal exemption from appearance. Accordingly, if the petitioner files an application through her counsel before the court below within two weeks from today seeking permanent exemption from personal appearance in S.T. 144 of 2007, the said application shall stand allowed, subject, of course, to the authority of the Magistrate to insist on the personal appearance of the accused at any particular stage of the trial. This Crl.M.C. is disposed of as above. V.RAMKUMAR, (JUDGE). ani