MOHAMMED BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. The cheque is for an amount of Rupees thirty three thousand five hundred and is dated 01/12/2004.Prosecution was initiated as early as in 2005. The petitioner has not entered appearance so far. The petitioner had received summons from the Court but on account of reasons beyond his control, it became impossible for him to appear before the learned Magistrate, it is submitted. His absence was not wilful; but was on account of reasons beyond his control.

(2.) According to the petitioner, he is absolutely innocent. The petitioner is willing to pay the cheque amount to the complainant along with reasonable interest. But the complainant, in his anxiety to vex and harass the petitioner, is not willing to compound the case. The matter hence drags on unnecessarily. The petitioner now wants to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 438 and/or under Section 482 CrPC may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail,

(3.) The learned counsel for the petitioner submits that to show his bona fides, the petitioner shall deposit the cheque amount with interest before the learned Magistrate within a period of fifteen days.