IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2922 of 2008() ------------------------- CRMP NOS. 821 & 822/08 IN CRA.320/2008 of ADDL.SESSIONS COURT,-I, MAVELIKKARA .................... PETITIONER/ACCUSED: ------------------------------ RAM MANOJ, S/O. RAMACHANDRAN PROPRIETOR, M/S. A.M. BODY BUILDERS BHARANIKAVU, PORUVAZHY P.O. SASTHAMCOTTAH, KOLLAM DIST. BY ADV. SRI.B.MOHANLAL RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------- 1. MELCO ORGANIC PRIVATE LIMITED, PENNUKKARA (REGD. OFFICE), REP. BY ITS MANAGING DIRECTOR SRI. MATHEW VARGHESE, MANNIL PUTHEN VEEDU, PENNUKKARA, POOMALA P.O. ALA VILLAGE CHENGANNUR, ALAPPUZHA DIST. REP. BY ITS POWER OF ATTORNEY HOLDER GEORGE ABRAHAM AYIRUKKUZHIYIL HOUSE, PUTHENKAVU, CHENGANNUR. 2. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, SASTHAMCOTTAH POLICE STATION KOLLAM DIST. THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2922 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2008 O R D E R The petitioner has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I. Act. He has preferred an appeal. But he did not prefer the appeal in time and therefore filed the appeal along with an application to condone the delay. That application is pending consideration before the learned Sessions Judge. But in the mean time there was an attempt made by the trial court to execute the sentence imposed. There is no fetter on the execution of the impugned sentence now as the appeal has not been admitted so far and the application for condonation of the delay has not been considered. The learned counsel for the petitioner prays that there may be a direction to the court below not to execute the sentence until the Sessions Judge considers the application for condonation of delay and later the application for suspension of the sentence. Crl.M.C.No. 2922 of 2008 2 2. Having considered all the relevant inputs, I am satisfied that there can be a direction that the sentence imposed on the petitioner in C.C. 289 of 2006 by the JFMC, Chengannur shall not be executed for a period of two months from this date, on condition that the petitioner deposits an amount of Rs.25,000/- before the learned Magistrate within a period of ten days from this date. 3. This Crl.M.C. is allowed to the above extent. (R. BASANT) Judge tm