IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Crl.MC.No. 1354 of 2009() ------------------------- CRA NO.167/2009 OF SESSIONS COURT, THRISSUR CC.2045/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR .................... PETITIONER(S): APPELLENT/ACCUSED: ------------------------------------------------------------- P.JAYAKUMAR, AGED 46 YEARS, PROPRIETOR, MARS MARKETING, 134-A/J, 1ST FLOOR, AUTO TOWERS, I.T.C. ROAD, BANGALORE-560 002. BY ADVS. MR.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENT(S): RESPONDENTS:COMPLAINANTS & STATE: ------------------------------------------------------------------------------------------- 1. M/S. VXL POLYTECH PRIVATE LIMITED, KARUVANKAD.P.O., KUNDUKAD, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, DR.SELVIN.J.PUTHIYEDAM, AGED 53 YEARS, S/O. JOHN PUTHIYEDAM, PUTHIYEDAM HOUSE,POTTA,PERAMBRA, MUKUNDAPURAM TALUK, THRISSUR. 2. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.1354 OF 2009 ------------------------------------------ Dated 4th June 2009 O R D E R Petitioner is the appellant in Crl.A.167/2009 on the file of Sessions court, Thrissur filed against Annexure-J judgment convicting him for an offence under Section 138 of Negotiable Instruments Act. Appeal is pending before the Sessions court, Thrissur. This petition is filed under Section 482 of Code of Criminal Procedure to issue a direction to the sessions court to consider the criminal appeal on merit on each and every ground pleaded in the appeal. 2. Learned counsel appearing for petitioner was heard. 3. Learned counsel relying on the decision of the Apex court in Paul George v. State (AIR 2002 SC 657) argued that an appeal is to be disposed on merits considering all the grounds pleaded by the appellant. I do not find any necessity to give a direction as sought for because Sessions Judge is CRMC 1354/09 2 expected to dispose the appeal in accordance with law. Petitioner is entitled to argue the appeal before the learned Sessions Judge and pointed out the decision relied on by him. When the Sessions Judge shall dispose the criminal appeal on merit as provided under Chapter XXIX of Code of Criminal Procedure, no petition will lie under Section 482 of Code of Criminal Procedure for a direction to dispose as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.