IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 Crl.MC.No. 3420 of 2010() ------------------------- CRA.12/2008 of ADDL. SESSIONS COURT-II, MAVELIKKARA CC.47/2006 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... PETITIONER(S): --------------- SURESHKUMAR.A.D, S/O.DIVAKARAN, THUNDATHILKKARAYIL, T.V.PURAM KARA, VAIKOM VILLAGE. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. N.G.AMBILY, W/O.C.K.SURESH, LIC AGENT, ANITHA NIVAS, KARUVATTA VADAKKUM MURI, KARUVATTA VILLAGE. 3. JOSE P.PULPPARA, PUTHENPURAYIL HOUSE, KALLARA KARA, KALLARA VILLAGE, KOTTAYAM DISTRICT. 4. SOBHANA, D/O.CHACKO, KURUKKOTTIL HOUSE, KATTAMPAKKU KARA, NJEEZHOOR VILLAGE, VAIKOM TALUK, AGED 32 YEARS. 5. V.PADMAKUMAR, S/O.VIKRAMAKURUP, ANUGRAHA HOUSE, VADAYAR.P.O., REPRESENTED BY THE POWER OF ATTORNEY HOLDER, VINOD P.S., S/O.SUKUMARAN, PANAPPURAYIL, VADAYAR.P.O., KOTTAYAM. BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.3420 OF 2010 -------------------------------------- Dated this the 20th day of August, 2010 ORDER Petitioner was the accused in C.C.Nos.47/2006, 507/2006 and 717/2006 before the J.F.C.M Court, Kayamkulam for an offence punishable under Section 138 of the Negotiable Instruments Act. He was also the accused in S.T.No.2751/2005 and C.C.No.297/2008 and S.T.No.1500/2007 before the J.F.C.M Court, Vaikom for the very same offence. In all these cases the respective Magistrates convicted him for the said offence. Against the conviction in C.C.Nos.47/2006, 507/2006 and 717/2006 by the J.F.C.M Court, Kayamkulam, the petitioner had filed Crl.Appeals as 12/2008, 11/2008 and 20/2008 respectively before the Additional Sessions Court-I, Mavelikkara. Except for Criminal Appeal No.12/2008 in which the sentence passed by the trial court was modified by reducing the sentence of imprisonment, the other two appeals were dismissed as not pressed. The conviction and sentence passed in the three cases has become final without there being any appeal. This Criminal M.C filed under Section 482 Cr.P.C, seeks Crl.M.C. No.3420 OF 2010 : 2 : concurrence of the sentence passed in all the cases by resort to Section 427(1) Cr.P.C. 2. Admittedly, either when the trial courts passed the sentence during the subsequent occasions or before the appellate court in Crl.A.No.12/2008, the petitioner did not make any request under Section 427(1) Cr.P.C for concurrence. The prayer for concurrence in the sentence has been made only in this petition filed under Section 482 Cr.P.C. Hence, by virtue of the decision in Sukumaran v. State of Kerala 2008 (1) KLT 732 and M.R.Kudva v. State of Andhra Pradesh AIR 2007 Supreme Court 568, this petition under Section 482 Cr.P.C is not maintainable. Without seeking the benefit when the subsequent sentences were being passed or when the appeals were disposed of, the present petition filed under section 482 Cr.P.C for concurrence under section 427(1) Cr.P.C is not maintainable. This Criminal M.C is accordingly dismissed. V.RAMKUMAR, JUDGE dmb