High CourtsSingle Bench

Mumthaz vs State Of Kerala

High Court Of Kerala · Decided on 2 August 2024 · Citation: (2024) 08 KL CK 0023

HON’BLE JUDGES
Bechu Kurian Thomas, J
ACTS & SECTIONS REFERRED
Negotiable Instruments Act, 1881 — Section 138
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 6547 Of 2024
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

6 paragraphs · 203 words

Bechu Kurian Thomas, J.

1.

Petitioner is the sole accused in L.P.No.74/2013 on the files of the Judicial First Class Magistrate Court, Tirur. The offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act, 1881.

2.

Due to non-appearance of the petitioner, a non-bailable warrant has been issued against her. Even though petitioner is willing to appear and participate in the trial, she apprehends that she will be remanded to custody.

3.

Having heard learned Counsel for the petitioner and the learned Public Prosecutor, I am of the view that this Crl.M.C. can be disposed of with a direction.

4.

Since the petitioner has expressed her willingness to participate in the trial, there will be a direction to the Judicial First Class Magistrate Court, Tirur, to consider the applications for recall of warrant and for grant of bail, if any filed by the petitioner in L.P.No.74/2013, on the same day itself, provided such applications are filed within 15 days from today. To enable the petitioner to appear before the Magistrate as directed, the non-bailable warrant issued against the petitioner shall be kept in abeyance for a period of 15 days from today.

The Crl.M.C. is disposed of as above.