IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Crl.MC.No. 1656 of 2009() ------------------------- CRMP.433/2008 IN CRL.A.NO.132/2008 of SESSIONS COURT, TRIVANDRUM ST.400/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT-VII, TRIVANDRUM. .................... PETITIONER/PETITIONER/APPELLANT ------------------------------------------------------- SOUNDARA RAJAN. V.F., SAYOOJYAM, T.C.NO.1147/2, MITHRI NAGAR RESIDENT'S ASSOCIATION NO.C-35, MITHRI NAGAR, VALIYAVILA, THIRUVANANTHAPURAM. BY ADV. MR.P.SIVARAJ RESPONDENT/RESPONDENTS -------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. G. SURENDRAN,SARASWATHY BHAVAN, MANACAUD, THIRUVANANTHAPURAM, REP.BY POWER OF ATTORNEY HOLDER, NARAYANAN NAIR, T.C.NO.43/66, VENUS, MANACUAD, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1656 of 2009 ORDER ON CRL.MA. NO.2747/2009 IN CRL. MC. NO.1656/2009 DISMISSED 21/05/2009. SD/- M.SASIDHARAN NAMBIAR, JUDGE //TRUE COPY// P.S. TO JUDGE Rs/ M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1656 OF 2009 =========================== Dated this the 21st day of May,2009 ORDER Petitioner is the accused in S.T.400/2006 on the file of Judicial First Class Magistrate Court-VII, Thiruvananthapuram. He was convicted and sentenced for the offence under section 138 of Negotiable Instruments Act. He filed Crl.Appeal 132/2008. In Crl.M.P 433/2008 under Annexure A1 order Sessions Judge suspended the sentence on condition that petitioner shall execute a bond for Rs.25,000/- with two solvent sureties for the like sum to the satisfaction of the Magistrate within one month. Petitioner did not execute the bond. This petition is filed under section 482 of the Code of Criminal Procedure for a direction to the Sessions Court to dispose Crl.M.P433/2008 pending before the court filed Crl.M.C. 1656/2009 2 by petitioner for extension of time. Copy of that petition is not produced. The petitioner does not disclose the date when that application was filed. Learned counsel submitted that a direction be issued to the Sessions Judge to dispose the petition. 2. Petitioner did not execute a bond as directed under Annexure A1 order within the period fixed by the order. Even after the expiry of the order, he did not file a petition for extension immediately. Crl.M.P.433/2008 is filed at a later stage. In such circumstance, petitioner is not entitled to get any direction from this court for its disposal. It is for the petitioner to approach the Sessions Judge to dispose the application expeditiously. If such an application is filed, Sessions Judge to pass appropriate orders without delay. Crl.M.C is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C. 1656/2009 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006