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2014 Supreme(Online)(KER) 28947

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, J
GEETHA KUMARI – Appellant
Versus
DISTRICT COLLECTOR, THIRUVANANTHAPURAM – Respondent


JUDGMENT

The husband of the petitioner was an accused in C.C. Nos.

515 of 2003 and C. C. No. 505 of 2009 of the Judicial First Class Magistrate's Court - I, Attingal, involving offence under Section 138 of the Negotiable Instruments Act . The trial Court found him guilty, convicted and sentenced. The sentence in respect of C.C. No. 515 of 2013, subsequently came to be modified in Crl. Rev. Petition No. 333 of 2009, as per Ext. P1 judgment dated 28.01.2009. It is stated that the husband of the petitioner has suffered sentence in respect of both cases and since the compensation ordered under Section 357 (3) of the Cr. P.C. could not be satisfied, he suffered the default sentence as well. In the meanwhile, the husband of the petitioner took his last breath on 24.05.2011. The property having an extent of 7 cents in Survey No. 561/1 of Attingal Village belonging to the husband of the petitioner came to the hands of the petitioner and her son as legal heirs. The said property is being proceeded against, invoking the remedy under the Revenue Recovery Act. The disputed liability is to an extent of Rs. 1.85 lakhs, as flowing from Exts. P2 and P3 demand notices. It is also stated that the pr

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