Kerala High Court
Fathimath Shareefa vs Hafsa on 7 November, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Thursday, the 7th day of November 2024 / 16th Karthika, 1946
CRL.M.APPL.NO.1/2024 IN CRL.REV.PET NO. 1189 OF 2024
ST 601/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERINTHALMANNA
CRA 66/2023 OF SESSIONS COURT, MANJERI
APPLICANT/REVISION PETITIONER:
FATHIMATH SHAREEFA, AGED 50 YEARS, W/O PARAKKAL SHARAFUDHEEN,
VALLAPUZHA, KURUVATTOR, PATTAMBI - 679303.
RESPONDENTS/1ST RESPONDENT/COMPLAINANT & STATE
1. HAFSA, AGED 62 YEARS, W/O YOOSAF, CHOLAMUGHATH HOUSE, THAZHEKODE,
PERINTHALMANNA, 679322.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the conviction and sentence imposed on
the applicant in the Judgment dated 13th September, 2024 of the Court of
Sessions, Manjeri Division, in Criminal Appeal No.66/2023 and the Judgment
dated 11th May, 2023 of the Court of the Judicial First Class Magistrate-
I, Perinthalmanna, in S.T.No.601/2019, during the pendency of the above
Criminal Revision Petition.
This application coming on for admission on 07.11.2024 upon perusing
the application and upon hearing the arguments of M/S.K.M.JAMALUDHEEN,
LATHA PRABHAKARAN, SAINA MARIYAM BABY & V.P.SHAMSUDHEEN, Advocates for the
petitioner and of the PUBLIC PROSECUTOR for the second respondent, the
Court passed the following:
K.BABU, J.
-------------------------------------------------------
Crl.Rev.Pet.No.1189 of 2024
&
Crl.M.A.No.1 of 2024
in
Crl.Rev.Pet.No.1189 of 2024
--------------------------------------------------------
Dated this the 7th day of November, 2024
ORDER
Admit.
The learned Public Prosecutor takes notice for
respondent No.2. Issue notice to respondent No.1.
----------------------------
2. The petitioner has been convicted under Section
138 of the Negotiable Instruments Act. She has been
sentenced to undergo simple imprisonment till rising of the
Court and pay compensation of Rs.45,00,000/- to the
complainant.
3. Heard both sides.
Crl.Rev.Pet.No.1189 of 2024 &
Crl.M.A.No.1 of 2024 in
4. The disposal of the appeal is likely to take time.
Having regard to the fact that the disposal of the revision
petition is likely to take time, this Court feels that the
execution of the sentence imposed on the petitioner is liable
to be suspended on conditions. Therefore, the execution of
the sentence imposed on the petitioner shall stand
suspended and bail granted to her on the following
conditions:-
I. The petitioner shall execute bond for
Rs.5,00,000/- (Rupees Five Lakhs only) with two
solvent sureties each for the like sum to the
satisfaction of the trial Court.
II. The petitioner shall also deposit 20% of the
compensation awarded before the trial Court. If
she has already remitted 20% of the
compensation awarded before the trial Court, she
is not required to comply with the above
condition. On deposit of the amount, the
Crl.Rev.Pet.No.1189 of 2024 &
Crl.M.A.No.1 of 2024 in
complainant is entitled to get the amount
released, as provided under Section 148 of the
Negotiable Instruments Act.
Sd/-
K.BABU,
JUDGE
NM
07-11-2024 /True Copy/ Assistant Registrar
