T. P.Sulochana Bhai @ Sobhana Bhai vs Mohammed Kabeer
2023 Latest Caselaw 11502 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                      CRL.MC NO. 9386 OF 2023
  CRA 440/2003 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM
   CC 121/2002 OF JUDL. MAGI. OF FIRST CLASS-III, KOTTAYAM


PETITIONER/ACCUSED:

         T. P.SULOCHANA BHAI @ SOBHANA BHAI
         AGED 65 YEARS
         WIFE OF M BHASKAR RAJ NIDHIVIHAR,
         PANDAVAMBHAGOM AYMANOM PO,
         KOTAYAM, PIN - 686015
         BY ADVS.
         M.P.MADHAVANKUTTY
         MATHEW DEVASSI
         ANANTHAKRISHNAN A. KARTHA

RESPONDENTS:

    1     MOHAMMED KABEER
          S/O. KABEER NISHA COTTAGE, KACHERIKKADAVU,
          KARAPPUZHA KARA, KOTAYAM, PIN - 686003
    2     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031
OTHER PRESENT:

          SRI MP PRASANTH, PP


    THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 08.11.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 CrlM.C..No.9386/2023

                                  2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    Crl.M.C. No.9386 of 2023
              ----------------------------------------------
           Dated this the 08th day of November, 2023


                                ORDER

This Criminal Miscellaneous Case is filed with following

prayers:

To keep in abeyance the warrant proceedings in CC No. 121/2003 in Judicial First Class Magistrate Court-III Kottayam in abeyance for one month.

2. Petitioner was convicted and sentenced in a

proceedings under Section 138 of the Negotiable Instruments

Act by the Judicial First Class Magistrate Court-III, Kottayam

in C.C.No.121/2002. The conviction and sentence imposed on

the petitioner was challenged before the Sessions Court,

Kottayam and the sentence was modified by the appellate

court. The appeal was dismissed in the year 2004. The

petitioner has not challenged the above order. Now execution

warrant is pending. It is submitted that there was some CrlM.C..No.9386/2023

communication gap between the petitioner and her lawyer and

therefore, she was not aware about the disposal of the appeal.

It is submitted that she already applied for getting the

certified copy of the judgment and she want to file a revision

before this Court. In the meanwhile, execution warrant is

pending. Hence this Crl.M.C.

3. Heard the learned counsel for the petitioner and

the learned Public Prosecutor. No notice is necessary to the

1st respondent because of the way in which this criminal

miscellaneous case is disposed of.

4. Since the petitioner submitted before this Court

that she is intending to file a revision and copy application for

getting the judgments are already filed, I think the execution

warrant can be stayed for a period of thirty days from today.

Therefore, this criminal miscellaneous case is disposed of

directing the Judicial First Class Magistrate Court -III, to keep

in abeyance the execution warrant in C.C.No.121/2002 for a

period of thirty days from today.

sd/-

                                        P.V.KUNHIKRISHNAN
JV                                             JUDGE