IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Crl.MC.No. 599 of 2006() ------------------------ CRA.486/2005 of ADDL. SESSIONS COURT(ADHOC-I), MANJERI ST.4050/2003 of JFCM-I, PERINTHALMANNA. .................... PETITIONER: ------------ SANKETHATHIL SHEREEF, S/O. MOIDU, PULASSERI AMSOM, KOPPAM DESOM, OTTAPPALAM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. RAJAN, S/O. GOVINDAN EZHUTHACHAN, EDATHODI HOUSE, VILAYOOR AMSOM, OTTAPPALAM TALUK. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI THOMAS JOHN AMBOOKEN FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30/07/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NOS.950/06 IN CRL.M.C.599/06 DISMISSED 30.7.2008 SD/- M.C.HARI RANI, JUDGE. M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No.599 OF 2006 ----------------------------------------------------- DATED THIS THE 30th DAY OF JULY, 2008 O R D E R The petitioner herein is the first accused in S.T.No.4050/03 on the file of the Court of the Judicial First Class Magistrate-I, Perinthalmanna tried for the offence under Section 138 of the Negotiable Instruments Act which is now pending in Crl.Appeal No.486/05 on the file of the Additional Sessions Court (Adhoc-I), Manjeri. In that appeal, the petitioner has filed Crl.M.P.No.1273/05 for stay of the order of the learned Magistrate, wherein a direction was given by the learned Sessions Judge on 24.12.2005 that “ the sentence of imprisonment shall stand suspended on executing bond for Rs.10,000/- and for the like sum by 2 solvent sureties. Deposit the compensation before next hearing and report and notice 14.2.2006.” 8Thereafter this Court has modified that order with a direction to the petitioner to deposit an amount of Rs.15,000/- within two months from 28.2.2006. It is submitted by the learned counsel appearing for the petitioner that the said amount ordered by this Court has not CRL.M.C.No.599/06 -2- been deposited by the petitioner herein. The petitioner's counsel has also submitted that a direction may be given to the concerned Sessions Judge to dispose of the Crl.Appeal. This submission is not opposed by the learned Public Prosecutor. 2. In the result, the Crl.M.C. is dismissed with a direction to the learned Additional Sessions Judge (Adhoc-I), Manjeri to dispose of Crl.Appeal No.486/05 within a reasonable time, at any rate, within six months from the date of receipt of a copy of this order. M.C.HARI RANI, JUDGE. dsn