MUBEENA.S Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is accused for the offence punishable under Section 138 of the Negotiable Instruments Act in S.T.No.2148 of 2016 on the file of the Judicial First Class Magistrate Court-II, Kannur.

(2.) The petitioner would state that she had never received the statutory demand notice mandated under Section 138 proviso (b) of the Negotiable Instruments Act and further that she has not received any summons from the trial court in this case. It is stated that recently the petitioner could learn that the trial court has now issued a non bailable warrant against her and that the second respondent (Sub Inspector of Police, Pothencodu Police Station, Thiruvananthapuram), is taking steps to execute the said non bailable warrant. It is pointed out that the petitioner is a 25 year old married lady who is now five months pregnant and that she has been advised complete bed rest by the doctor as evidenced from Annexure-A medical certificate dated 26.6.2017 issued by a consultant gynecologist. Further evident from Annexure-A medical certificate that the petitioner had suffered four previous abortions and that she has been advised complete bed rest in view of her bleeding problems and preterm contractions. It is further averred that a civil suit filed as O.S.No.447 of 2013 before the Munsiff Court, Kannur, instituted by the same complainant has already been dismissed by that civil court as per Annexure-B judgment dated 29.10.2015. It is stated by the learned counsel appearing for the petitioner that the instant private criminal complaint has been filed only after the dismissal of the suit as per Annexure-B judgment.

(3.) It is stated that the petitioner may be given at least six months' time to surrender before the trial Magistrate and make applications for grant of bail and recall of non bailable warrant and that until then coercive steps may be kept in abeyance. Alternatively it is urged by Sri.Shajin.S.Hameed, learned counsel appearing for the petitioner/accused, that in case this Court is not inclined to take recourse to that course of action, then this Court may direct the second respondent to produce the petitioner before the nearest Magistrate in the event of her arrest in execution of warrant in the above case, as envisaged in Section 81 of the Cr.P.C.