T G N KUMAR Vs. STATE OF KERALA

JUDGEMENT

(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, felt that there was great need for rationalising, humanising and simplifying the procedure in criminal courts with particular emphasis on the attitude to the "criminal with no moral turpitude" or the criminal allegedly guilty of only a technical offence, including an offence under Section 138 of the N.I. Act. Relying on the decision of this Court in Bhaskar INdustries Ltd. v. Bhiwani Denim and Apparels Ltd. and ors. and of the Kerala High Court in Saseendran Nair v. General Manager; K.S.R.T.C. v. Abdul Latheef, Raman Nair v. State of Kerala; Noorjahan v. Moideen and Helen Rubber INdustries and ors. v. State of Kerala and ors. the learned Judge has issued the following 'rules of guidance', with a direction that these can and must certainly be followed by the court below in the instant case as also by all criminal courts which are called upon to deal with trials under Section 138 of the N.I.Act:

(3.) HAVING heard learned counsel for the parties, we are convinced that the impugned order is unsustainable.