Binu T.V vs Gopalakrishna Pillai on 21 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1556 of 2009()


1. BINU T.V.,
                      ...  Petitioner

                        Vs



1. GOPALAKRISHNA PILLAI,
                       ...       Respondent

2. THE STATE OF KERALA,

                For Petitioner  :SRI.SAKIR.K.H.

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :21/05/2009

 O R D E R
               M.SASIDHARAN NAMBIAR,J.
               ------------------------------------------
                CRL.M.C.NO.1556 OF 2009
               ------------------------------------------
                  Dated       21st     May 2009


                            O R D E R

Petitioner is the accused in S.T.885/2007 on

the file of Chief Judicial Magistrate, Kollam. First

respondent lodged the complaint alleging that

petitioner committed offence under Section 138 of

Negotiable Instruments Act. According to the petitioner

he has to file a petition for personal exemption

under Section 205 of Code of Criminal Procedure and to

recall the non bailable warrant issued and therefore a

direction is to be issued to the Chief Judicial

Magistrate not to insist the personal presence of the

petitioner. Petitioner has not so far appeared before

the Magistrate or file an application under Section

205 of Code of Criminal Procedure. If petitioner files

an application, Chief Judicial Magistrate has to

pass appropriate orders in that application, in

accordance with law, without delay.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.