IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 4151 of 2010(Q) -------------------------------------- CC.190/2003 OF CHIEF JUIDICIAL MAGISTRATE COURT,TRIVANDRUM .................... PETITIONER(S): ----------------------- MOHANAKUMARI, AGED 49 YEARS, W/O.(LATE)S.ASHOK KUMAR, "PARIMALAM", NEAR TO CHAKKAI GOVT. U.P.SCHOOL, PETTAH (P.O.), THIRUVANANTHAPURAM. BY ADV. MR.JESWIN P.VARGHESE RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. AMBUJAKSHAN, "AMBUJAVILASAM", THONNAKKAL P.O., THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER MR.K.S. SIVAKUMAR. R2 BY ADV. MR.S.ANIL KUMAR (TRIVANDRUM), MR.K.S.HARIHARAN NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4151/2010-Q APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER IN CRL.R.P.NO.3947/2008 DATED 11/12/2008. EXT.P2: COPY OF THE DEATH CERTIFICATE OF PETITIONER'S HUSBAND DATED 20/01/2004. EXT.P3: COPY OF THE JUDGMENT OF ADDL. SESSIONS COURT, TRIVANDRUM IN CRL.APPEAL NO.990/2006 DATED 26/08/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No. 4151 OF 2010 =========================== Dated this the 8th day of April,2010 JUDGMENT Petitioner was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. It is concluded by Ext.P1 order dated 11.12.2008. This petition is filed under Article 227 of the Constitution of India for a direction to the Chief Judicial Magistrate's Court, Thiruvananthapuram to defer coercive steps for execution of the sentence contending that petitioner is prepared to pay the amount but she needs time. There cannot be a direction as sought for in view of Ext.P1 order. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.832/2010 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006