IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Crl.Rev.Pet.No. 383 of 2010() ----------------------------- AGAINST THE ORDER DATED 08/08/2006 IN CRMP 2021/2005 IN CRA.605/2005 of SESSIONS COURT, TRIVANDRUM CC.485/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... REVN. PETITIONER: PETITIONER/APPELLANT/ACCUSED:- --------------------------------------------------------------- V.SASIDHARAN NAIR, SECRETARY, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY, KALLICAUD UNIT, ASWATHY, KALLIKKADU P.O. BY ADV. MR. R.GOPAN RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:- --------------------------------------------------------------- 1. THANKAPPAN NAIR, S/O.BALAKRISHNA PILLAI, ADHYADMA CHINTHALAYAM, ASHRAMAM, THEVANCODE, KALLICAUD. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. NAGARAJ NARAYANAN MR. SAIJO HASSAN MR. A.S.SABU MR. BENOJ C AUGUSTIN MR. PRATHAP PILLAI MR. RAFEEK. V.K. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- Crl.R.P. No. 383 of 2010 ---------------------------------------------------- Dated this the 15th day of February, 2010. ORDER The revision petitioner who was the accused in C.C. No. 485 of 2001 on the file of the Judicial First Class Magistrate, Kattakkada, which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881 involving a cheque for Rs.75,000/-, was convicted by the trial court and sentenced to simple imprisonment for one month and to pay the cheque amount as compensation. On failure to pay the compensation, he was directed to undergo simple imprisonment for 15 days. Aggrieved by the conviction and the sentence, he preferred Crl. Appeal No. 605 of 2005 before the Sessions Court, Thiruvananthapuram. Since the appeal was filed out of time with a delay of 10 days, he also filed Crl. M.P. No. 2021 of 2005 to condone the delay in filing the appeal. The said application was dismissed as per order dated Crl. R.P. No. 383/2010 : 2 : 08.08.2006 for the reason that he did not take steps to issue summons to the 1st respondent. Consequently, the appeal was also dismissed as time barred. It is the said order which is assailed in this revision. 2. The learned counsel appearing for the respondent submitted that the petitioner has been resorting to dilatory tactics and the petition to condone the delay was not dismissed on merits due to his deliberate failure to take out summons to the complainant. 3. Since the petitioner has a contention that the amount involved was only Rs.5000/- and not Rs.75,000/- and also since the appeal before the lower appellate court has not been disposed of on merits, I am inclined to give the petitioner an opportunity to have the appeal disposed of on merits. Since the delay before the court below was only 10 days, I am inclined to condone the delay in the light of the decision reported in Collector, Land Acquisition, Anantnag and another v. Mst. Katiji & others - AIR 1987 SC 1353. Accordingly, C.M.P. No. Crl. R.P. No. 383/2010 : 3 : 2021 of 2005 filed by the petitioner before the court below will stand allowed and the delay will stand condoned. Crl. Appeal No. 605 of 2005 shall be disposed of by the lower appellate court after giving both sides an opportunity of being heard. The parties shall appear before the court below on 03.03.2010 without any further notice. The appeal shall be heard and disposed of expeditiously and at any rate on or before 29.03.2010. This revision is allowed as above. Dated this the 15th day of February, 2010. V. RAMKUMAR, JUDGE. rv Crl. R.P. No. 383/2010 : 4 :