Citation : 2023 Latest Caselaw 11036 Ker
Judgement Date : 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 26th day of October 2023 / 4th Karthika, 1945
CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 1054 OF 2023
CRA 92/2021 OF ADDITIONAL SESSIONS COURT - VI, THIRUVANANTHAPURAM
CC 252/2014 OF SPECIAL COURT OF JUDICIAL FIRST CLASS MAGISTRATE FOR THE TRIAL OF
CASES U/S 138 OF N.I ACT, THIRUVANANTHAPURAM
APPLICANT/REVISION PETITIONER:
SAJITHA.K.M, W/O AL-SHABEER REHMAN.A, AGED 40 YEARS, T.C.42/217,
BILAL NAGAR, AMBALATHARA, POONTHURA P.O, THIRUVANANTHAPURAM -
695026.
RESPONDENTS/RESPONDENTS:
1. M/S.ANATHAPURAM CO-OPERATIVE SOCIETY LTD NO.T.184, KAITHAMUKKU,
THIRUVANANTHAPURAM - 695024.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of the sentence passed
against the petitioner in Judgment dated 22-06-2023 in Crl.A.No.92/2021 on
the file of the Court of Additional Sessions Judge - VI,
Thiruvananthapuram and Judgment dated 22-07-2021 in C.C.NO.252 of 2014 on
the file of the Court of Temporary Special Court of the Judicial
Magistrate First Class for the trial of cases U/S 138 of N.I.Act,
Thiruvananthapuram, pending final disposal of the above Criminal Revision
Petition.
This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.S.MOHAMMED AL RAFI & THAJUNA MARIA
FRANCIS, Advocates for the petitioner and of PUBLIC PROSECUTOR for the
second respondent, the Court passed the following:
P.G. AJITHKUMAR, J.
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Crl.Rev.Petition No.1054 of 2023
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Dated this the 26th day of October, 2023
ORDER
Admit.
Issue notice to the 1st respondent by speed post, returnable in four weeks.
The learned Public Prosecutor takes notice for the 2 nd respondent.
Crl.M.A.No.1 of 2023 Heard.
The execution of the sentence imposed on the petitioner shall stand suspended and bail granted to her on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court, subject to the condition that she shall deposit Rs.1,50,000/- (Rupees one lakh and fifty thousand only) towards fine amount within a period of one month.
The amount of fine, if deposited, shall not be paid as compensation, till the disposal of this revision petition.
Sd/-
P.G. AJITHKUMAR, JUDGE dkr
26-10-2023 /True Copy/ Assistant Registrar
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