IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.MC.No. 1714 of 2011() ------------------------------------- CC.713/2008 of CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA .................... PETITIONER/APPELLANT/ACCUSED ----------------------------------------------------- LISSY THOMAS, W/O.THOMAS, VANCHIPURACKAL HOUSE, PATHIRAPPALLY.P.O., POOMKAV, ALAPPUZHA. BY ADV. SRI.JOBY CYRIAC RESPONDENT/RESPONDENT/COMPLAINANT & STATE -------------------------------------------------------------------------------- 1. JOSEPH ANTONY, S/O.PAILO JOSEPH, KANDATHIL THARA VEEDU, PATHIRAPPALLY.P.O., POOMKAVU, ALAPPUZHA-688 521. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. R2 BY PUBLIC PROSECUTOR MR.V. MANU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1714 of 2011 ==================================== Dated this the 10th day of June, 2011 O R D E R Petitioner suffered conviction and sentence for offence punishable under Section 138 of the Negotiable Instruments Act in C.C. No.713 of 2008 of the court of learned Judicial First Class Magistrate, Alappuzha. He was sentenced to undergo imprisonment and pay fine of `6,25,000/-. There was a further direction that out of the fine if realised, `6,00,000/- shall be given to the first respondent as compensation. Petitioner preferred Criminal Appeal No.184 of 2011 and sought suspension of sentence vide Crl.M.P. No.1063 of 2011. Petition came up for hearing on 20.04.2011. Learned Sessions Judge ordered notice on that petition returnable on 02.07.2011. Petitioner is now under threat of arrest and has approached this Court. 2. It is not clear why the learned Sessions Judge thought of issuing notice on Crl.M.P. No.1063 of 2011 and that too, posting the petition on 02.07.2011 placing petitioner under threat of arrest in view of the sentence imposed by the learned Magistrate. Having regard to circumstances stated I am inclined to direct that coercive steps if any taken against petitioner will stand in abeyance until disposal of Crl. CRL.M.C. No. 1714 of 2011 -: 2 :- M.P. No.1063 of 2011. Resultantly Criminal Miscellaneous Case is disposed of in the following lines: It is directed that warrant of arrest if any issued to petitioner in C.C.No.713 of 2008 of the court of learned Judicial First Class Magistrate, Alappuzha will stand in abeyance until learned Sessions Judge, Alappuzha passed orders on Crl. M.P. No.1063 of 2011 in Crl. Appeal No.184 of 2011 subject to condition that petitioner deposited in the trial court `1,00,000/- on or before 01.07.2011. THOMAS P. JOSEPH, JUDGE. vsv