IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 Crl.MC.No. 3793 of 2011() ---------------------------------- CHALLENGING THE WARRANT ISSUED IN C.C.No.5827/2010 ON THE FILE OF CHIEF METROPOLITAN MAGISTRATE, 8TH COURT, CALCUTTA ------------------------ PETITIONER(S)/ACCUSED :- -------------------------------------- SHEELA MATHEW, W/O.MATHEW, KOCHUPURAKKAL HOUSE, KIZHAKKEMATTOM P.O., KOOTHATTUKULAM, ERNAKULAM. BY ADV. SMT.K.V.RESHMI RESPONDENT(S)/COMPLAINANT/STATE :- ------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KOOTHATTUKULAM POLICE STATION, ERNAKULAM, PIN-682023. 2. MAGMA FINCORP LIMITED, "MAGMA HOUSE", 24 PARK STREET, CALCUTTA-700016. 3. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.MC.No. 3793 of 2011 APPENDIX PETITIONER(S) EXHIBITS :- ANNEXURE A TRUE COPY OF THE COMPLAINT DATED 26/2/2010 FILED BEFORE THE CHIEF METROPOLITAN MAGISTRATE, 8TH COURT, CALCUTTA. RESPONDENTS' EXHIBITS :- NIL //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3793 of 2011 ----------------------------------- Dated this the 19th day of November 2011 O R D E R Petitioner is the accused in a case filed under Sec.138 of the N.I.Act before the Chief Metropolitan Magistrate, 8th Court, Calcutta. The learned counsel for the petitioner submits that warrant has been issued by that court since the petitioner could not appear before that court. It is also submitted that the petitioner is to undergo operation for fibroid in her uterus. The operation/laparoscopic surgery is scheduled to be had on 21.11.2011. As there is likelihood of complication and heavy bleeding, she is not in a position to travel up to Calcutta. Hence, the only request made in this petition is that the execution of warrant may be kept in abeyance till 7.1.2012 since she proposes to surrender before the learned Magistrate at Calcutta during the first week of January, 2012. The submission so made by the learned counsel for the petitioner is recorded. This Crl.M.C. is allowed to the extent of keeping Crl.M.C. No.3793 of 2011 -: 2 :- in abeyance the execution of warrant issued by the Chief Metropolitan Magistrate, 8th Court, Calcutta till 7.1.2012. N.K.BALAKRISHNAN, JUDGE. Jvt