Abraham Mathew vs M/S Geojit Commodities Ltd
2022 Latest Caselaw 10051 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                  THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

           TUESDAY, THE 6TH DAY OF SEPTEMBER 2022 / 15TH BHADRA, 1944

                              CRL.MC NO. 6062 OF 2022

   AGAINST THE ORDER/JUDGMENT LP 71/2014 OF JMFC(SPECIAL COURT) FOR TRIAL OF

                               SEC.138, NI ACT CASES

PETITIONER/ACCUSED:

             ABRAHAM MATHEW
             AGED 71 YEARS
             DHANYA RUBBER TRADES, MANIMALA, KOTTAYAM DISTRICT, PIN - 686543
             BY ADVS.
             JOSEPH GEORGE
             P.A.REJIMON
             T.A.AKBAR


RESPONDENT/COMPLAINANT & STATE:

     1       M/S. GEOJIT COMMODITIES LTD, FINANCE TOWER, KALOOR, KOCHI,
             REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. G. HARILAL., PIN
             - 682017
     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
             682031


              REKHA S.(SR.GP)



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL. M.C NO. 6062 OF 2022
                                       2




                                ORDER

Dated this the 6th day of September, 2022

The petitioner is the accused in L.P No. 71/2014

on the file of the Judicial 1 st Class Magistrate Court

No:IX (NI Act cases), Ernakulam. The above

prosecution is initiated against the petitioner alleging

offences punishable under Sections 138 of the

Negotiable Instruments Act .

2. The counsel for the petitioner submitted

that the petitioner was not able to appear before the

Court concerned because of some communication gap

with the lawyer concerned.

3. The counsel for the petitioner submitted

that the petitioner will surrender before the court

below and there may be a direction to consider his

Bail Application on the date of surrender itself.

4. Heard the learned Public Prosecutor also.

Notice is not necessary to the 1 st respondent in the

facts and circumstances of the case. CRL. M.C NO. 6062 OF 2022

5. After hearing this case, I think this Crl. M.C can

be disposed of allowing the petitioner to surrender

before the court below and file application for bail.

Therefore this Crl.M.C is disposed of with following

directions;

(i) The petitioner will surrender before the lower

court within 3 weeks from today.

(ii) On the date of surrender the petitioner is free

to file a Bail Application with advance copy to the

counsel appearing for the complainant and if such a

Bail Application is received the lower court shall

consider the same and pass appropriate orders in it

on the date of surrender itself.

(iii) till final orders are passed in the bail

application all coercive steps against the petitioner

shall be kept in abeyance.

Sd/-

P. V. KUNHIKRISHNAN

JUDGE SK/6.9 CRL. M.C NO. 6062 OF 2022

APPENDIX OF CRL.MC 6062/2022

PETITIONER ANNEXURES Annexure A-1 CERTIFIED COPY OF COMPLAINT IN L.P 71/2014 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT NO: IX (N.I ACT CASES) ERNAKULAM

RESPONDENTS' EXHIBITS: Nil

TRUE COPY

P.A.TO JUDGE