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2024 Supreme(Online)(KER) 34025

HIGH COURT OF KERALA
K. Babu, J
J.S. PRAKASH – Appellant
Versus
KOVILAKAM CHITS AND FINANCIAL SERVICE PVT. LTD. – Respondent


Advocates:
SRI.J.JAYAKUMAR, SMT.NIMA JACOB, PP

O R D E R

The petitioner is the accused in C.C.No.1475/2018 on the file of the Judicial First Class Magistrate Court-I, Thrissur. The complainant is a private limited chit fund company having its head quarters at Thrissur.

2. The accused is alleged to have committed offence punishable under Section 138 of the Negotiable Instruments Act .

3. The petitioner seeks transfer of the Calender Case from the Judicial First Class Magistrate Court-I, Thrissur to a Magistrate Court in Thiruvananthapuram on the ground that a surety to the transaction had filed a private complaint against the party respondent/complainant before a Magistrate Court in Thiruvananthapuram. This Court finds no reason to grant the relief of transfer in view of the grounds pleaded.

4. The learned counsel for the petitioner prayed for granting permanent exemption to the petitioner from appearance before the Trial Court.

5. In M/s Bhaskar Industries Ltd v. Bhiwani Denim and Apparels Ltd and Others [AIR 2001 SC 3625], the Apex Court held that Section 205 (1) of Cr.P.C. permits the Magistrate to enable an accused to get permanent exemption from appearance on the following conditions:

(1) accused shall undertake that he would

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