IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17330 of 2008(K) -------------------------- PETITIONER: ------------ M.MURALEEDHARAN, S/O.LATE RAMANKUTTY NAIR, AMMATH HOUSE, KALIPADAM PO., MELEKKAD.,SHORA NUR -679122 BY ADV. SRI.E.R.VENKATESWARAN RESPONDENTS: ------------- 1. M/S.SREERAM INVESTMENT LTD., 2ND FLOOR SUN SHINE COMPLEX,T.B.ROAD,PALAKKAD REP. BY THE ASST.BRANCH MANAGER, AND POWER OF ATTORNEY HOLDER M.K.SUMESH. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY GOVERNMENT PLEADER SRI.C.M.KAMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.17330 of 2008 ---------------------------------------- Dated this the 11th day of June 2008 J U D G M E N T The petitioner is the accused in a prosecution under Section 138 of the Negotiable Instruments Act. The complaint was filed beyond the period of limitation. An application was filed as C.M.P.No.1460/04 to condone the delay. The delay was condoned and cognizance was taken. The accused challenged the order of condonation of delay and evidently the cognizance taken by the court also. By Annexure Ext.P1 order another Bench of this court set aside the order passed allowing condonation of delay and directed the learned Chief Judicial Magistrate to consider the matter afresh. The grievance of the petitioner is that C.M.P.No.1460/04 is pending even now and has not been disposed of. The petitioner wants the said petition to be disposed of. 2. The learned counsel for the petitioner submits that consequent to the order which was set aside by this court in Ext.P1 a number has been assigned to the case and the same is pending as S.T.No.155/05. The learned Magistrate must now W.P.C.No.17330/08 2 definitely pass an order in C.M.P.No.1460/04. If the delay is condoned, the cognizance taken will stand. If the delay is not condoned, the registration of the case by assigning a number consequent to the earlier order which is set aside by this court will definitely have no legal consequence. In any view of the matter, I am satisfied that the learned Chief Judicial Magistrate must dispose of C.M.P.No.1460/04 as expeditiously as possible, at any rate, within a period of one month from the date on which a copy of this judgment is placed before the learned Magistrate. With the above observations, this writ petition is allowed in part. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.17330/08 3 W.P.C.No.17330/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007