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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
C.VIJAYALAKSHMI – Appellant
Versus
BANK OF INDIA – Respondent
| Table of Content |
|---|
| 1. attachment order's background and petitioner’s compliance. (Para 1 , 2) |
| 2. arguments from the respondents regarding lifting the attachment. (Para 3) |
| 3. court’s reasoning against the technical refusal of the lower courts. (Para 4 , 5) |
ORDER
Aggrieved by the refusal of the Judicial First Class Magistrate Court - V, Kozhikode, and the Sessions Court, Kozhikode, to lift the attachment ordered over the property of the petitioner under Section 83 of the Code of Criminal Procedure , the petitioner has approached this Court with this petition under Section 482 Cr.P.C.
2. The petitioner was the accused in C.C.No.638 of 2009, a case relating to the commission of the offence under Section 138 of the Negotiable Instruments Act . The learned Magistrate initiated proceedings under Sections 82 and 83 Cr.P.C. against the petitioner, since she did not appear at the initial stages of the proceedings in the said case. Accordingly, the 4.75 cents of land belonging to the petitioner, comprised in Survey No.77 and Re-Survey No.431/2 of Feroke Village, was attached as per the directions of the learned Magistrate under Section 83 Cr.P.C. However, the petitioner later on surrendered befo
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