IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 3418 of 2010() ------------------------- CRMP.827/2010 of SESSIONS COURT, KOLLAM CC.1016/2005 of JUDL.MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA .................... PETITIONER(S): APPELLANT/ACCUSED -------------------------------- SIVARAJAN, S/O. KOCHU KUNJU, AGED 53 YEARS, KOCHUPLAVILAYIL VEEDU, PATHARAM.P.O., SASTHAMCOTTA VILLGE, KOLLAM. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SIVAN PILLAI, S/O. GOPALA PILLAI, NADUVELIL VEEDU, MUTHUPILAKKADU WEST MURI, SASTHAMCOTTA VILLAGE. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = Crl.M.C. No.3418 of 2010 = = = = = = = = = = = Dated:18th day of August, 2010 ORDER Petitioner, who was convicted by the J.F.C.M Court, Sasthamcotta in C.C.No.1016/2005 for an offence punishable under Section 138 of the Negotiable Instruments Act, has filed an appeal before the Sessions Court, Kollam. Since the said appeal was filed with a delay of 11 days, the learned Sessions Judge has only issued notice on the delay petition, which stands posted to 25.9.2010. The grievance of the petitioner is that, while so, proceedings in execution have been levied against him by the trial Court. This Criminal M.C is disposed of directing that warrants if any executed by the J.F.C.M Court, Sasthamcotta in C.C.No.1016/2005 shall not be executed till 30.9.2010 by which time the petitioner may seek appropriate orders from the Sessions Court, Kollam. V. RAMKUMAR, (JUDGE) dmb