Vismaya Silks And Sarees vs Mohammed Basheer T A
2024 Latest Caselaw 9249 Ker

Kerala High Court

Vismaya Silks And Sarees vs Mohammed Basheer T A on 3 April, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                        CRL.MC NO. 3146 OF 2024
   CC NO.193 OF 2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
                               KASARAGOD
PETITIONER/ ACCUSED :

    1     VISMAYA SILKS AND SAREES
          AT KMC 1/1185, MAS COMPLEX, KANHANGAD,
          KASARAGOD DISTRICT, REPRESENTED BY THE MANAGING
          PARTNER, PIN - 671315

    2     P A ABDULLA
          AGED 40 YEARS
          S/O. P. MOHAMMED, MANAGING PARTNER,
          VISMAYA SILKS AND SAREES, AT KMC 1/1185,
          MAS COMPLEX, KANHANGAD, KASARAGOD DISTRICT,
          PIN - 671315

          BY ADVS.
          T.G.RAJENDRAN
          T.R.TARIN



RESPONDENT/ COMPLAINANT AND STATE :

    1     MOHAMMED BASHEER T A
          AGED 52 YEARS
          S/O. T.ABDUL KHADER, BASHEER BAGH,
          NEAR SAADIYA ENGLISH MEDIUM SCHOOL,
          DELI P.O., KALNAD, KASARAGOD,
          PIN - 671121

    2     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM,
          PIN - 682031

          SRI. NOUSHAD K. A., PUBLIC PROSECUTOR


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3146 OF 2024
                                     2

                   BECHU KURIAN THOMAS, J.
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=
                     Crl.M.C.No.3146 of 2024
                   =-=-=-=-=-=-=-=-=-=-=-=-=-=
                 Dated this the 3rd day of April, 2024


                               ORDER

Petitioner was the accused in C.C.No.193 of 2014 on the files of the

Judicial First Class Magistrate's Court-II, Kasaragod. The case arose

under Section 138 of the Negotiable Instruments Act, 1881. The learned

Magistrate found the accused guilty and sentenced him to undergo

imprisonment till the raising of the court and to pay compensation. The

appeal and the criminal revision filed against the aforesaid judgment

ended in dismissal. In the meantime, in execution of the sentence, a

warrant of arrest has been issued against the petitioner, copy of which is

produced as Annexure A1. According to the petitioner, he has already

preferred a Special Leave Petition before the Supreme Court and the

same has not been taken up for consideration and if in the meantime the

warrant of arrest is executed, he would be prejudiced.

2. I have heard Sri.Rajendran T.G., the learned counsel for the

petitioners as well as Sri.Noushad K.A., the learned Public Prosecutor.

3. The issuance of a warrant of arrest in the event of failure to

abide by the direction to pay compensation and to undergo the sentence

of imprisonment imposed is a natural corollary of a judgment of

conviction and sentence attaining finality. Unless the said judgment is

reversed or stayed, the natural process contemplated under law will have CRL.MC NO. 3146 OF 2024

to be carried into effect. Since concededly the Special Leave petition has

been preferred before the Supreme Court, the remedy of the petitioner is

to obtain orders from the said court. Recourse to the inherent jurisdiction

under Section 482 of Cr.P.C. when the case is pending before the

Supreme Court and that too in the absence of any exceptional

circumstances is unwarranted and cannot be resorted to.

Therefore, I find no merit in this Crl.M.C. and it is dismissed.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM CRL.MC NO. 3146 OF 2024

PETITIONERS' ANNEXURES :

Annexure A1 COPY OF THE WARRANT OF ARREST DATED 1.3.2024