High Court Kerala High Court

V. Ramani vs M. Ravindranathan Nair on 7 October, 2009

Kerala High Court
V. Ramani vs M. Ravindranathan Nair on 7 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3191 of 2009()


1. V. RAMANI, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



1. M. RAVINDRANATHAN NAIR, RAVINDRAM,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED

                For Petitioner  :SRI.C.ANILKUMAR (KALLESSERIL)

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :07/10/2009

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.3191 of 2009
            --------------------------

                       ORDER

Petitioner is the accused in S.T.No.1944/2007

on the file of Judicial First Class Magistrate’s

Court-II, Ettumanoor, taken cognizance for the

offence under Section 138 of Negotiable Instruments

Act. On 11.8.2009, when the case was posted,

petitioner was absent and there was no

representation. Hence, Non bailable warrant was

issued, which was being repeated even on 26.9.2009.

The case was then posted to 6.10.2009. This

petition is filed under Section 482 of Code of

Criminal Procedure to quash the order issuing non

bailable warrant contending that petitioner was

exempted from personal appearance on filing an

application under Section 205 of Code of Criminal

Procedure and therefore, learned Magistrate was not

justified in issuing a non bailable warrant.

CRMC 3191/09 2

2. Learned counsel appearing for the petitioner

was heard.

3. Argument of the learned counsel is that as

evidenced by Annexure-C medical certificate,

petitioner was not in a position to move and in

such circumstances, the non bailable warrant is to

be recalled or the order is to be quashed.

4. Even if petitioner was granted exemption

under Section 205 of Code of Criminal procedure, it

was on condition that his counsel must be present

and presence of the counsel is to be treated as the

presence of the petitioner and evidence could be

recorded in the absence of the petitioner.

According to the petitioner, neither he nor the

counsel was present when the case was taken up. In

such circumstances, I find no reason to interfere

with the order issuing non bailable warrant. Though

learned counsel appearing for the petitioner

submitted that petitioner is not in a position to

walk, Anneuxre-C medical certificate, issued on

CRMC 3191/09 3

8.9.2009, shows that petitioner was advised to take

rest only for ten days, as he was unable to walk.

That does not mean that he is not in a position to

appear before the court thereafter. Petitioner is

at liberty to approach the learned Magistrate and

apply to recall the non bailable warrant and show

cause why neither he nor the counsel was absent on

the day when the case was posted.

Petition is disposed.

7th October, 2009 (M.Sasidharan Nambiar, Judge)
tkv