IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 2056 of 2010() ------------------------- ST.48/2009 of J.F.C.M Court-IV, KOLLAM .................... PETITIONER: APPELLANT/ACCUSED -------------------------------- HASHIR AGED 37 YEARS, S/O. SHAMSUDHEEN, HASEENA MANZIL, M.G.STREET, THAMARAKKULAM, KOLLAM. BY ADV. SRI.THYPARAMBIL THOMAS THOMAS RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2056 of 2010 -------------------------------------- Dated this the 11th day of June, 2010 ORDER Petitioner who was the accused in S.T.No.48 of 2009 on the file of Judicial Magistrate of the First Class-IV , Kollam for an offence punishable under Section 138 of the Negotiable Instruments Act,1881 involving a cheque for Rs.2,17,300/- was convicted by the Magistrate. Aggrieved by the conviction recorded and sentence imposed, he filed an appeal before the Sessions Court, Kollam. Since the appeal was filed out of time he filed C.M.P.No.1404/2010 under Section 5 of the Limitation Act to condone the delay of 237 days in filing the appeal. 2. The grievance of the petitioner is that the lower court has only issued notice on the delay petition and while so the learned Magistrate has issued a non-bailable warrant against the petitioner for executing the sentence imposed on him. Hence this Criminal M.C. 3. If the petitioner executes a bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-IV, Kollam and also deposits a sum of Rs.25,000/- within three Crl.M.C.No.2056/2010 : 2 : weeks from today the sentence imposed on him by the trial court in S.T.No.48/2009 shall stand suspended till the final disposal of C.M.P.No.1404/2010 filed by him before the Sessions Court, Kollam. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj