TGN Kumar vs State of Kerala - 2011 Supreme(SC) 65

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(SC) 65

TGN Kumar – Appellant
Versus
State of Kerala – Respondent

JUDGMENT

D.K. Jain, J. —

1. Challenge in this appeal, by special leave, is to the order dated 4th September, 2008 passed by a learned Single Judge of the High Court of Kerala in Crl. M.C. No.1977 of 2007 whereby a number of general directions have been issued to all the criminal courts, which are called upon to hold trials, particularly in cases involving an offence under Section 138 of the Negotiable Instruments Act, 1881 (for short “the N.I. Act”), as also in all other cases involving offences which are technical in nature and do not involve any moral turpitude.

2. In view of the controversy at hand, it is unnecessary to state the facts giving rise to this appeal in detail, except to note that the present case arises out of a complaint filed under Section 138 of the N.I. Act. On being summoned by the Magistrate, the accused preferred a petition before the High Court under Section 482 of the Criminal Procedure Code, 1973 (for short “the Code”), inter alia, praying for dispensing with her personal appearance before the Magistrate. As afore-stated, the High Court, while allowing the said application, and permitting the accused to appear before the Trial Court through her counsel, f