IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 205 of 2011()
1. SHAHID C.K., S/O.KUNJU MUHAMMED,
... Petitioner
Vs
1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :25/01/2011
O R D E R
THOMAS P. JOSEPH, J.
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Crl.M.C. No.205 of 2011
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Dated this the 25th day of January, 2011.
ORDER
Petitioner is accused in L.P.No.41 of 2009 of the court of learned Judicial
First Class Magistrate, Kottarakkara for offence punishable under Section 138 of
the Negotiable Instruments Act (for short, “the Act”). Petitioner seeks a direction
to the learned Magistrate to allow him appear through counsel, entertain
application under Section 205 of the Code of Criminal Procedure and decide the
application on merit on the same day itself without insisting for personal
appearance of petitioner.
2. I have heard learned counsel for petitioner and the Public
Prosecutor.
3. The Supreme Court in TGN Kumar v. State of Kerala and
others (2011 (1) KHC 142) has held that there could be no general direction
as to exemption from personal appearance and it is within the discretionary
power of the Magistrate concerned to decide whether the application if
Crl.M.C.No.205/2011
2
preferred has to be allowed. In the circumstances no direction as prayed for
could be granted. It is open to the petitioner to approach learned Magistrate
with appropriate application.
With the above observation this petition is closed.
THOMAS P.JOSEPH,
Judge.
cks