IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 15437 of 2006(K) -------------------------- AGAINST THE ORDER IN & 279/2002 IN CRA.278/2002 of D.C & SESSIONS COURT,TRIVANDRUM .................... PETITIONER: ------------ SURESH MANJOORAN, CC XXVI/1664, MANJOORANS, KONTHURUTHY, THEVARA, COCHIN-682 013. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: ------------- 1. VARGHESE KURIAN, S/O. VARGHESE, PUTHEN PURACKAL HOUSE, SEETHATHODU P.O., PATHANAMTHITTA AND TEMPORARILY RESIDING AT PB.NO.1713, MANAMA, BAHARIN, REP.BY THE POWER OF ATTORNEY HOLDER, S.P. BALAKRISHNAN PILLAI, THIKKURISSI HOUSE, N-8 JAWAHAR NAGAR, TRIVANDRUM. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. BY GOVERNMENT PLEADER SRI.AMJAD ALI ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R1 SMT.N.SANTHA FOR R1 SRI.PETER JOSE CHRISTO FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.15437 of 2006 ------------------------------------- Dated this the 26th day of August, 2008 JUDGMENT Petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the Negotiable Instruments Act. He preferred an appeal and the appeal is pending before the Sessions Court as Criminal Appeal No.278 of 2002. The petitioner filed applications in the said appeal to call upon the complainant to produce his passport, to issue summons to the bank manager and to examine witnesses. The said petitions are pending before the learned Sessions Judge. According to the petitioner/accused, the learned Sessions Judge is not disposing of those petitions. Copies of those petitions are produced as Exts.P2, P3 and P4. It is prayed that there may be a direction to the learned Sessions Judge to dispose of those 3 applications before the appeal is taken up for consideration. 2. The learned counsel for the respondent opposes the application. The learned counsel for the respondent submits that the learned Sessions Judge may be directed to hear the appeal itself and after hearing the appeal and considering the totality of W.P(C). No.15437 of 2006 2 circumstances, issue appropriate orders/directions in the pending petitions. Two tier hearing of the appeal and the petitions is not necessary and a just disposal of the petitions can easily be undertaken if the appeal is heard and in the course of the appeal, Exts.P2 to P4 are heard. 3. I find merit in the opposition by the learned counsel for the respondent. I am satisfied that the interests of justice will be served eminently by directing the learned Sessions Judge to dispose of Criminal Appeal No.278 of 2002 as expeditiously as possible. Before disposing of the appeal, the learned Sessions Judge shall consider all the pending petitions on merits and appropriate decision shall be taken on such petitions. If the learned Judge feels that all the petitions deserve to be allowed, needless to say, appropriate further action shall be taken before the appeal is disposed of. 4. With the above observations, this Writ Petition is dismissed. (R.BASANT, JUDGE) rtr/-