Petitioner is the accused in a complaint case involving an offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, NI Act). Now, that case has been included among the long pending cases numbered as L.P No.40 of 2001 in C.C No.662 of 1999 on the file of Judicial First Class Magistrate Court-I, Mavelikkara, since the presence of the petitioner could not be secured for the purpose of its trial. From the submissions made by the counsel, evidently, a nonbailable warrant issued by the court is pending execution against him. Limited prayer canvassed by the counsel is for issue of a direction to the Magistrate to enlarge him on bail on his surrender. Cheque amount involved in the case is Rs.50,000/-. Whatever be the circumstances presented by the petitioner, to seek indulgence of this court for issue of the direction as aforesaid, the fact remains that the cheque case has been pending for the last thirteen years due to the absence of the petitioner. In such circumstance, the direction applied for can be granted only subject to the following condition.
