IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl.MC.No. 4358 of 2010() 1. MR.SADANANDAN.K.K, ... Petitioner Vs 1. ING VYSYA BANK LIMITED, REGIONAL OFFICE, ... Respondent 2. STATE OF KERALA REPRESENTED For Petitioner :SRI.M.T.SURESHKUMAR For Respondent : No Appearance The Hon'ble MR. Justice V.RAMKUMAR Dated :01/11/2010 O R D E R V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.4358 of 2010 = = = = = = = = = = = = = = Dated this the 1st day of November, 2010 ORDER
Petitioner, who is the accused in C.C.No.2189/2009 on the
file of the J.F.C.M-VI, Ernakulam which is a prosecution under
Section 138 of the Negotiable Instrument Act, 1881, involving
three cheques each for `1,147/- (Rupees one thousand one
hundred and forty seven only) seeks a direction to the
Magistrate to allow the petitioner to plead guilty in the above
case through his counsel with right to appeal on the question of
sentence alone, in case the sentence includes a substantive
sentence of imprisonment of more than one till the rising of the
court is imposed.
2. The grievance of the petitioner is that notwithstanding
the dictum laid down by this Court in Jain Babu v. Joseph and
another (2008(4) KLT 16), the learned Magistrate dismissed
his application under Section 205 Cr.P.C seeking personal
exemption and dismissed his application to plead guilty through
Crl. M.C. No. 4358 of 2010
3. In the light of the verdict in Jain Babu’s case there is
no reason why the petitioner should not be denied an
opportunity to plead guilty through his counsel. Accordingly, if
the petitioner files a fresh application under Section 205 Cr.P.C
with a permission to plead guilty in absentia through his counsel,
the same shall be allowed provided the petitioner deposits a sum
of `5,000/- (Rupees five thousand only) towards
fine/compensation which may be imposed on him by the court
below while accepting the plea of guilt to be made by the
petitioner through his counsel.
This Crl.M.C is allowed as above.
Dated this the 1st day of November, 2010.
V. RAMKUMAR, JUDGE