THECHAN MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in the case C.C.No.290/2019 on the file of the Court of the Judicial First Class Magistrate-II, Kasaragod.

(2.) The aforesaid case is instituted upon the complaint filed against the petitioner by the second respondent for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

(3.) It is stated in the petition that the petitioner had met with a road traffic accident on 18.03.2019 and he sustained very serious injuries in that accident including fracture of the ribs on the left side. Since he was not in a position to travel from his house at Chavakkad to the court at Kasaragod, he filed an application before this Court for transfer of the case from the court at Kasaragod to any other court outside Kasaragod District. The aforesaid application was dismissed by this Court by order dated 18.02.2020 but the petitioner was granted liberty to file application under Section 205 Cr.P.C in the trial court at Kasaragod with all necessary documents to prove his inability to appear in person before that court. It is stated that, on 14.02.2020, the trial court issued warrant against the petitioner and posted the case to 19.06.2020.