B. RAJENDRA SHENOY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner seeking a direction to the magistrate to allow him to appear through Counsel under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that he is arrayed as 4th accused in S.T. No. 133/13 pending before Judicial First Class Magistrate Court, No -II, Aluva, which was taken on the file on the basis of a private complaint filed by the second respondent alleging offence under Section 138 of the Negotiable Instruments Act. The first accused in the case is the firm and other accused persons are Directors of the first accused firm. The personal presence of the petitioner is not required. So, the petitioner has no other remedy except to approach this court seeking the following relief:

(3.) THE Counsel for the petitioner submitted that he is a senior citizen unable to travel and he is not in discharge of the day to day affairs of the first accused firm as well and his physical presence is not required for the disposal of the case.