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2024 Supreme(Online)(KER) 39609

HIGH COURT OF KERALA
K. Babu, J
SEENA SOBICHAN – Appellant
Versus
M/S. KLM NIDHI LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: TOM E. JACOB
For the Respondents: PEEYUS A. KOTTAM

ORDER

The petitioner seeks transfer of C.C.Nos.1446/2020, 1454/2020, 1496/2020 and 1497/2020 on the file of the Judicial First Class Magistrate Court-I, Kothamangalam to a court at Kattapana in Idukki District. The petitioner is the accused in the aforesaid cases. She faces offence under Section 138 of the Negotiable Instruments Act .

2. The learned counsel for the petitioner submits that the petitioner being a lady is not in a position to appear before the Trial Court at Kothamanagalam regularly. 3. The learned counsel for the party respondent opposes the relief on the ground that the attempt of the petitioner is to prolong the trial.

4. I find no merit in the relief sought for. Therefore, the relief seeking transfer of the cases stands rejected.

5. The learned counsel for the petitioner seeks permanent exemption to the petitioner from appearing before the court below.

6. In Bhanujan v. Jayabhanu [1993 (2) KLT

889], this Court while dealing with the scope of Section 205 Cr.P.C. held that the Magistrate has discretion to dispense with personal appearance of the accused in Court. It was further held that in appropriate cases the Court can, on conditions, allow the accused not to appe

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