IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 441 of 2008(D)
1. DR.P.MOHAMMED ABDUL REHMAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. KERALA STATE INDUSTRIAL DEVELOPMENT
3. M/S.CHERAMANN RESORTS (P) LIMITED,
4. SHRI.A.M.ABDUL KAREEM, MANAGING
5. SHRI.P.LIAQUATH, EXECUTIVE DIRECTOR,
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :05/02/2008
O R D E R
V. RAMKUMAR, J.
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Crl.M.C. No. 441 OF 2008
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Dated this the 5th day of February, 2008
O R D E R
Petitioner who is the 4th accused in CC No.1010 of 2000 on
the file of the Chief Judicial Magistrate’s Court, Ernakulam for the
offences punishable under Section 138 of the Negotiable
Instruments Act seeks to quash the proceedings before the said
Magistrate.
Admittedly, non bailable warrant of arrest is pending against
the petitioner. The circumstances under which that warrant came
to be issued against the petitioner are not discernible to this court.
Hence, the only course of action open to the petitioner is to plead
for a discharge in absentia, in case he has valid contention in that
behalf. Accordingly, the petitioner is permitted to plead for a
discharge in absentia by filing an application through his counsel
within two weeks from today. If and when such a petition is filed,
the same shall be considered and disposed of by the Chief
Judicial Magistrate without insisting on the personal appearance of
the petitioner.
V. RAMKUMAR, JUDGE
btt
WPC No.
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WPC No.
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