Sindi Antony vs Nimmy Jose
2021 Latest Caselaw 23398 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA
 THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                         OP(CRL.) NO. 194 OF 2020
AGAINST THE ORDER/JUDGMENT IN MC 115/2014 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS - I, NORTH PARAVUR
PETITIONER:

               SINDI ANTONY
               AGED 38 YEARS
               S/O. ANTONY, KATTUPARABIL HOUSE,
               MADAPLATHURUTH, MOOTHAKUNNAM,
               ERNAKULAM DISTRICT-683 516.

               BY ADV RENJITH B.MARAR

RESPONDENTS:

    1          NIMMY JOSE,
               AGED 34 YEARS
               D/O. ANTONY, KURUSUNKAL HOUSE,
               VADUTHALA, ERNAKULAM DISTRICT-682 023.

    2          K.P.ANTONY
               AGED 74 YEARS
               KATTUPARABIL HOUSE, MADAPLATHURUTH,
               MOOTHAKUNNAM, ERNAKULAM DISTRICT-683 516.

    3          ROSELY ANTONY
               AGED 74 YEARS
               KATTUPARABIL HOUSE, MADAPLATHURUTH,
               MOOTHAKUNNAM, ERNAKULAM DISTRICT-683 516.

    4          LINTI ANTONY
               AGED 32 YEARS
               D/O. ANTONY, PALAKKAPPILLY HOSUE,
               VADUTHALA, ERNAKULAM DISTRICT-682 023.


        THIS    OP   (CRIMINAL)   HAVING    COME   UP   FOR   ADMISSION   ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 194 OF 2020

                                   2


                             JUDGMENT

This original petition has been filed against Ext.P3 order

dated 10.01.2020 in M.P.No.90/2019 in M.C.No.115/2014 before

the Judicial First Class Magistrate Court-I, North Paravur, by which

the learned Magistrate issued distress warrant to realize an

amount of Rs.1,76,000/- as against the first respondent, the

petitioner herein. Since M.C.No.115/2014 itself has been dismissed,

this original petition (criminal) itself has become infructuous.

2. According to the learned counsel for the petitioner, an

amount of Rs.50,000/- was deposited by the petitioner as per the

direction of this Court dated 12.05.2020 before the court below in

compliance of the order of this Court. It is open for the petitioner to

move the court below for return of the amount deposited by them.

This original petition (criminal) closed accordingly.

Sd/-

M.R.ANITHA JUDGE

nkr/26.11.2021 OP(CRL.) NO. 194 OF 2020

APPENDIX OF OP(CRL.) 194/2020

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 21.10.2016 IN CRL.R.P.NO.1261/2016 PASSED BY THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 18.2.2020 IN C.M.P.NO.393/2020 IN M.C.NO.115/2014.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 10.1.2020 IN M.P.NO.90/2019 IN M.C.NO.115/2014 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NORTH PARAVUR. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 24.1.2020 IN CRL.APPEAL NO.47/2020 PASSED BY THE COURT OF SESSIONS, ERNAKULAM DIVISION. EXHIBIT P5 TRUE COPY OF THE MEMORANDUM OF CRL.APPEAL FILED AS CRL.APPEAL NO.154/2020 BEFORE THE SESSIONS COURT, ERNAKULAM.

EXHIBIT P6 TRUE COPY OF THE WARRANT ISSUED DATED 22.1.2020 ISSUED BY THE VILLAGE OFFICER, MOOTHAKUNNAM VILLAGE.