The petitioner is applied for a Passport. This was not considered for the reason that the petitioner is involved in a case under Section 138 of the Negotiable Instruments Act. The case against the petitioner is pending before the Chief Judicial Magistrate Court, Kollam as S.T.No.392 of 2013. This Court as per order dated 1.12.2014 directed the petitioner to obtain permission from the Chief Judicial Magistrate Court, Kollam to depart from India in terms of the judgment of this Court in Asok Kumar v. State of Kerala [2009(2) KLT 712]. The petitioner submits that the complaint was returned to file before the proper court and therefore, he is unable to obtain any permission as directed by this Court. The petitioner also produced register of refund certificates and W.P.(C) No.25782 of 2014 2 deposit vouchers to show that the complaint was returned to the complainant.
Considering the nature of the offence alleged against the petitioner and also for the reason that the complaint has already been returned to file a proper court, I am of the view that the petitioner can be granted Passport restricting for a period of three years. In view of the above, there shall be a direction to the first respondent to issue Passport to the petitioner in accordance with law. However, the validity of the Passport shall be restricted for a period of three years and subject to renewal.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln