Tissa Max vs Bhagyaratna Kuri India (P) ...
2021 Latest Caselaw 14177 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                     CRL.MC NO. 2968 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CRA 59/2021 OF DISTRICT COURT &
                SESSIONS COURT,THRISSUR, THRISSUR
PETITIONER/APPELLANT/ACCUSED:

          TISSA MAX, AGED 48, W/O MAXWELL, RESIDING IN THE
          ADDRESS OLAKKINGAL HOUSE, NOW RESIDING AT NELLIKUNNU,
          KACHERI, AISWARYA NAGAR, EAST FORT PO, THRISSUR
          DISTRICT-680005

          BY ADV G.SREEKUMAR (CHELUR)



RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE OF KERALA:

          BHAGYARATNA KURI INDIA(P) LIMITED, MISSION QUARTERS,
          THRISSUR, REPRESENTED BY ITS MANAGER SHAJI, AGED 34,
          S/O DEVASSIKUTTY, THAIVALAPIL HOUSE, PALLIKUNNU,
          AMBALLUR, THRISSUR DISRICT - 680 307.

          BY ADV M.V.BAIJU



          P.P.SMT.S.L.SYLAJA




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 2968 OF 2021            2



                                 ORDER

The lady who is an accused in the crime for offence

under Section 138 of Negotiable Instrument Act preferred

an appeal before the First Appellate Court with an

application to condone the delay of 477 days in preferring

the appeal. It was submitted that the said application was

not taken up or considered and no order so far passed,

though non-bailable warrant is pending against her. Hence,

there will be a direction to the lower court to take up

the delay condonation application and pass appropriate

orders after affording an opportunity to both the parties

within a time schedule of three months from today. Since

it is pertaining to early disposal of a delay condonation

application, no notice need be issued to the respondent.

The execution of the warrant as against the petitioner

will stand deferred till the disposal of the abovesaid

application.

The Crl.M.C is allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE msp