JOYAMMA JOSHUA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in C.C.No.182 of 2020 on the files of the Judicial First Class Magistrate's Court, Angamaly alleging offence under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) Since the petitioner did not appear before the trial court, non-bailable warrant has been issued against her. Though the petitioner is willing to appear before the trial court and participate in the proceedings, she apprehends that since a warrant has been issued against her, on her appearance she may be remanded to custody.

(3.) After having heard Sri.Praveen K.S., the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor, I am of the view that this Crl.M.C. can be disposed of with a direction. Accordingly, if the petitioner appears before the Judicial First Class Magistrate's Court, Angamaly in C.C.No.182 of 2020 and files any application for recall of warrant and for grant of bail, the learned Magistrate shall consider the same and pass appropriate orders, positively on the same day of appearance itself bearing in mind that the proceedings under Sec. 138 of the N.I.Act is a bailable offence. The non-bailable warrant issued against the petitioner shall be kept in abeyance for a period of 15 days from today. The Crl.M.C.is disposed of as above.