K.V.MURALEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner, who is the accused in C.C.No.196 of 2012 pending before the Judicial First Class Magistrate's Court -III, Palakkad to quash the proceedings under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code').

(2.) IT is alleged in the petition that the petitioner has been arrayed as an accused in C.C.No.196 of 2012 on the file of the Judicial First Class Magistrate's Court -III, Palakkad which was taken on file on the basis of a private complaint filed by the 2nd respondent alleging offence under Section 138 of the Negotiable Instruments Act. The case was taken on file and notice has been issued on the petitioner and he appeared. Though the case was posted for several occasions for the purpose of proceeding with the trial of the case, after filing chief affidavit in lieu of the chief examination, he has not appeared. He has appointed a power of attorney and the power of attorney now filed an application to permit the prosecution to be conducted by him. Further, no enquiry under Section 202 of the Code has been conducted. The complainant is abstaining himself from the proceedings. Instead of disposing the case for non -cooperation of the complainant in proceeding the case, the learned Magistrate has posted the case for trial now. So the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) THE learned counsel for the petitioner submitted that the complainant was not appearing in the case and when the case is posted for trial for evidence, he appointed a power of attorney and now he is being represented by the power of attorney holder and no reason has been given in the power of attorney for the complainant to appoint such a person to conduct the case as well. So according to him, the case is likely to be prolonged. Further, no enquiry under Section 202 of the Code has been conducted.