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2026 Supreme(Online)(Ker) 23479

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SIRRA INTERNATIONAL TRAVEL PVT.LTD. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.M.RAMAN KARTHA, SMT.MANJU R. KARTHA, SMT.SNEHA BRIGIT PRINCE, SMT.GOWRY GOPINATH, SMT.ANJANA M., SHRI.ABIN K. SEBASTIAN
For the Respondents: ALEX M THOMBRA, PP

Table of Content
1. exemption request under cr.p.c. (Para 1 , 2)
2. conditions for exemption from appearance (Para 6 , 7)
3. final ruling on exemption (Para 8)

JUDGMENT

The petitioners, the accused in ST No.1764 of 2024 on the file of the Judicial First Class Magistrate Court-II, Mananthavady, seek permanent exemption from appearance under Section 205 (1) Cr.P.C.( Section 228 (1) of BNSS). 2. In view of the nature of the relief that I propose to grant, notice to respondent No.2 is dispensed with. Respondent No.2 filed a complaint before the Judicial First Class Magistrate Court-II, Mananthavady, alleging commission of an offence punishable under Section 138 of the NI Act against the petitioners. Respondent No.2/complainant stated that the petitioners issued a cheque for Rs.32,000/-, and on presentation, the same was dishonoured. The learned counsel for the petitioners submitted that the petitioners are prepared to pay the entire amount due to respondent No.2. The grievance of the petitioners is that the learned Magistrate is insisting on the personal appearance of the petitioners. Petitioner No.1 is a firm having its registered office at Paravur and operating office in Maharashtra. P

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