Kerala High Court
Rajitha vs State Of Kerala on 28 May, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
OP(CRL.) NO. 409 OF 2024
ST NO.1259 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-I,THRISSUR
PETITIONER/ACCUSED:
RAJITHA,
AGED 42 YEARS,
W/O. LAWRENCE,
PURATHOOR HOUSE, PERAMANGALAM,
THRISSUR DISTRICT, PIN - 680545
BY ADVS.
E.VIJIN KARTHIK
POOJA P.
ADHIENA S.
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 K.B. VINOD
S/O. BHARATHAN, SIVAPRIYA,
KOLAZHI, VIYOOR POST,
THRRSIUR, PIN - 680010
BY ADV
SRI.G.SUDHEER, PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P(Crl).No.409 of 2024
2
K.BABU, J.
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O.P(Crl).No.409 of 2024
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Dated this the 28th day of May, 2024
JUDGMENT
The prayers in this Original Petition (Criminal) filed under
Article 227 of the Constitution of India are as follows:
"(i) To keep in abeyance the warrant dated 23-03-2024
issued by the Hon'ble Judicial First Class Magistrate
Court-No I, Thrissur in S.T. No. 1259/2019 against the
petitioner, for period of four months in the interest of
justice.
(ii) To direct the Hon'ble Judicial First Class Magistrate
Court-No I, Thrissur to recall the warrant issued against
the petitioner.
(iii) To grant four months period for the petitioner to make
payment to second respondent as undertaken by him.
(iv) Grant such other reliefs as this Hon'ble Court may deem
just and proper in the interest of justice, including
costs."
2. The petitioner is the accused in S.T No.1259/2019 on the file
of the Judicial First Class Magistrate Court-I, Thrissur. As per
Ext.P3 judgment, the learned Magistrate convicted the petitioner
under Section 138 of the Negotiable Instruments Act and sentenced
her to undergo imprisonment till rising of the Court and pay
Rs.50,000/- to the complainant (respondent No.2) under Section
357(3) Cr.PC.
3. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
4. The learned counsel for the petitioner submitted that she
has already paid Rs.20,000/- to the complainant on 22.02.2024 and
as her daughter had been admitted in the hospital, she could not
arrange money to comply with the directions in the judgment.
5. The learned counsel for the petitioner submitted that due
to the failure on the part of the petitioner to make payment, the
Trial Court has issued Non-bailable Warrant against her. It is also
submitted that the petitioner is prepared to pay the balance amount
on or before 29.06.2024.
6. Exhibit P4 would show that the petitioner has paid
Rs.20,000/- to the complainant on 22.02.2024 and Ext.P5 supports
the case of the petitioner that her daughter had been critically
admitted in the hospital.
Having regard to the circumstances brought out, the Original
Petition (Criminal) is disposed of with the following directions:
(i) The petitioner shall surrender before the
Judicial First Class Magistrate Court-I,
Thrissur on 29.06.2024 to undergo the
sentence.
(ii) She shall pay the amount due to the
complainant (respondent No.2) on or before
29.06.2024.
(iii) The Non-bailable Warrant issued against the
petitioner shall be kept in abeyance till
29.06.2024.
Sd/-
K.BABU,
JUDGE
KAS
APPENDIX OF OP(CRL.) 409/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 26-10-
Exhibit P2 TRUE COPY OF THE JOINT STATEMENT DATED
23/11/2023
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED
23/11/2023 IN THE COURT OF JUDICIAL
MAGISTRATE OF FIRST CLASS NO.1,
THRISSUR
Exhibit P4 TRUE COPY OF THE STATEMENT OF ACCOUNTS
FOR THE MONTH OF FEBRUARY 2024
PERTAINING TO THE ACCOUNT OF THE
PETITIONER
Exhibit P5 TRUE COPY OF THE DISCHARGE SUMMARY OF
THE DAUGHTER OF THE PETITIONER DATED 5-
04-2024
