IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Crl.MC.No. 324 of 2006(A) ----------------------------------- AGAINST THE ORDER DATED 06/01/2005 IN CRMP.3297/05 IN CRA.1007/2005 of SESSIONS COURT, THRISSUR ST.1493/2002 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .............................................. PETITIONER(S): ---------------------- A.K. PREMKUMAR, S/O. KRISHNAN, ALAKKAL HOUSE, NATTIKA (P.O), THRISSUR. BY ADV. SRI.K.I.SAGEER IBRAHIM RESPONDENT(S): ------------------------ 1. COSMOPOLITIAN SOCIAL AND RECREATION CLUB, KALLETTUMKARA, THRISSUR DISTRICT, REPRESENTED BY CHIEF EXECUTIVE, GEORGE, S/O. K.K. CHERIYA, KALLIVALAPPIL HOUSE, KALLETTUMKARA, THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.S.U.NAZAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.M.C.No. 324 of 2006 A =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 24th day of August, 2009 O R D E R Petitioner was convicted and sentenced for an offence under section 138 of the Negotiable Instruments Act under Annexure-A1 judgment by the Chief Judicial Magistrate, Thrissur. Petitioner challenged the conviction and sentence before Sessions Court, Thrissur in Crl.A.No.1007 of 2005. In the said appeal he filed Crl.M.P.No.3297 of 2005 to suspend the sentence. The learned Sessions Judge suspended the sentence on deposit of Rs.10,000/-. This petition is filed to lift the condition to deposit Rs.10,000/-. 2. This Court while admitting the petition, granted order of stay of Annexure-A2 order staying the condition to deposit Rs.10,000/- making it clear that there is no bar for the learned Sessions Judge to hear and dispose of the appeal. In view of the said order, there is no necessity to lift the condition in Annexure-A2 order. The learned Sessions Judge to dispose of the appeal, if it is not so far disposed of, without further delay. This petition is disposed of with the above observation. M.SASIDHARAN NAMBIAR, JUDGE. mn.