Court can stay coercive actions pending appeal considerations when justice demands prompt attention to pending petitions.

C.S.DIAS, J.

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Crl.M.C. No.10708 OF 2025 ----------------------------------------------

Dated this the 27^th day of November, 2025 ORDER Aggrieved by Annexure A1 judgment passed by the Court of the Judicial First Class Magistrate-II, Payyannur, in ST No.150/2020, convicting and sentencing the petitioner for allegedly committing an offence under Section 138 of the Negotiable Instruments Act , 1881, the petitioner has preferred Annexure A2 appeal before the Court of Session, Thalassery, which has been numbered as Crl.Appeal No.360/2025. However, there was a delay in filing the appeal. Even though the petitioner has filed Annexure A3 petition to condone the delay and Annexure A4 petition to suspend the sentence of imprisonment and fine, the said applications have not been considered till date. In the meantime, coercive proceedings have been initiated against the petitioner. The petitioner is apprehensive that during the pendency of Annexures A2 to A4 the petitioner may be remanded to judicial custody. Hence, the Criminal Miscellaneous Case.

2. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor. In view of the limited relief that I propose of pass, I dispense with notice to the 1^st respondent.

On a consideration of the facts and materials on record, particularly that Annexures A3 and A4 petitions are pending consideration before the Court of Session, Thalassery since 05.11.2025, I dispose of this Criminal Miscellaneous Case, by directing all further coercive proceeding initiated against the petitioner pursuant to Annexure A1 judgment to be kept in abeyance for a period of four weeks from today. It would be upto the petitioner to move Annexures A3 and A4 applications before the Court of Session, Thalassery, who in turn is directed to consider and dispose of the same in accordance with law, and as expeditiously as possible.

sd/-

C.S.DIAS, JUDGE rkc/27.11.25 APPENDIX OF CRL.MC 10708/2025 PETITIONER ANNEXURES Annexure A 1 THE TRUE COPY OF THE JUDGMENT DATED