IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 Crl.MC.No. 1143 of 2008() ------------------------- AGAINST THE ORDER IN CRMP.789/08,790/08 IN CRA.76/2008 of SESSIONS COURT, KASARAGOD .................... PETITIONER/ACCUSED: -------------------------- C. GANGHADHARAN, AGED 36 YEARS, S/O. KUNHIRAMAN, MULLACHERRY VEEDU, MANIKOTH, AJANUR VILLAGE, HOSDURG TALUK. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS/RESPONDENTS: ----------------------------------- 1. ABU SALIH, AGED 30 YEARS, S/O. MUHAMMED KUNHI, RESIDING AT KADAVATHU HOUSE, ARANGADI, P.O., KANHANGAD, KASARGOD DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 1143 of 2008 ========================== Dated this the 14th day of March, 2008. O R D E R The petitioner, who is the accused in C.C. No. 424 of 2000 on the file of the Judicial First Class Magistrate-I, Hosdurg, was convicted under Section 138 of the Negotiable Instruments Act, 1881. Aggrieved by the conviction, he has filed Crl. Appeal No. 76 of 2008 before the Sessions Court, Kasaragod. Since the appeal was filed out of time with a delay of 5 days, he has filed Crl.M.P. No. 789 of 2008 under Section 5 of the Limitation Act to condone the delay. The grievance of the petitioner is that in the mean while he has been arrested on 29.02.2008 pursuant to the warrant issued by the trial court and he is in custody and even though this fact was brought to the notice of the Sessions Court, that court has not expedited the trial, but instead has adjourned the case to 07.04.2008. 2. In view of the above position, it is only appropriate that the Sessions Court considers the delay petition and pass appropriate orders on the petition to suspend the sentence filed CRL.M.C. NO. 1143/2008 : 2: by the petitioner along with the criminal appeal. Accordingly, this Crl. M.C is disposed of directing the Sessions Court, Kasaragod to consider C.M.P. No. 789/2008 within three days of receipt of a copy of this Order and pass appropriate orders. A prosecution under Section 138 of the N.I Act need not be treated as a grave offence committed against the society as a whole. V. RAMKUMAR, JUDGE. rv CRL.M.C. NO. 1143/2008 : 3: