IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 939 of 2008()
1. SAJITHA, W/O.SANTHOSH K.K., AGED 28,
... Petitioner
Vs
1. PRAKASAN, S/O.APPUTTY, MADATHINGAL,
... Respondent
2. STATE OF KERALA REPRESENTED BY
For Petitioner :SRI.R.MURALEEKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/03/2008
O R D E R
V. RAMKUMAR, J.
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Crl.M.C.No.939 of 2008
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Dated this the 10th day of March, 2008
ORDER
The petitioner, a lady who claims to be in the early stage of
pregnancy , was the accused in C.C.No.272 of 2007 on the file of
the J.F.C.M, Kodungallur in a prosecution under Section 138 of
the Negotiable Instruments Act, 1881.
2. On 28.1.08, she was convicted and sentenced by the
Magistrate. On that day, the accused and her sureties were
present and the sentence was suspended by the trial court under
Section 389(3)Cr.P.C for one month and the case was posted to
28.2.08. In the meanwhile on 27.2.08, the petitioner had filed
Crl.Appeal No.159/2008 before the Sessions Court, Thrissur and
had obtained an order suspending the sentence on certain
conditions. Therefore on 28.2.08, the petitioner claims to have
filed Annexure A2 petition asking for three days’ time for
production of the order. Somehow or other the Magistrate
appears to have issued non bailable warrants of arrest against
the petitioner. On 3.03.08, the petitioner produced the order
passed by the Sessions Judge on 27.2.08 suspending the
Crl.M.C.No.939 of 2008
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sentence.
3. The report dated 6.3.08 of the learned Magistrate
states that, even though the Magistrate had advanced the case to
3.3.08, since the accused and their sureties were absent, the
warrant of arrest was not recalled.
4. The learned Magistrate was not justified in taking such a
stand. When as per order dated 27.2.08, the Sessions Court had
suspended the sentence subject to certain conditions, there was
no obligation on the part of the accused to appear before the
learned Magistrate on 3.3.08. Hence, warrant, if any, issued by
the Magistrate shall stand recalled and the petitioner will be
entitled to avail of the benefit of the order dated 27.2.08 in
Crl.M.P.No.791/2008 in Crl.Appeal No.159/2008 of the Sessions
Court, Thrissur.
This Crl.M.C is disposed of as above.
V. RAMKUMAR, JUDGE
sj