IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 22825 of 2010(Q) -------------------------- CRMP.1121/2010 of DISTRICT COURT, MANJERI .................... PETITIONER(S): ------------------------ SAINUL ABIDDEEN.H,S/O.HAMEED AGED 57 YEARS,TC 48/871,SWAGATH NAGAR PO MANAKKAD,THIRUVANANTHAPURAM. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------------------- 1. M.ABDUL NAZEER,FOUSIYA VILLA,TIRUR TALUK, TRIKANDIYUR AMSOM,THEKKUM MURI DESOM, PO THEKKUM MURI,TIRUR TALUK,MALAPPURAM, PIN 676 101. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. GOVERNMENT PLEADER SRI.C.S.HRITHWICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.22825 of 2010 = = = = = = = = = = = = = = Dated this the 23 rd day of July, 2010 JUDGMENT Petitioner, who is the accused in S.T.No.4233 of 2004 on the file of the J.F.C.M, Tirur which is a prosecution under Section 138 of the Negotiable Instrument Act, 1881, was convicted as per Ext.P1 judgment dated 18.08.2009. He was sentenced to imprisonment till the rising of the court and to pay the fine of Rs.50,000/- which was directed to be paid to the complainant as compensation under Section 357(1) Cr.P.C. 2. Aggrieved by the said judgment the petitioner claims to have filed Ext.P2 appeal before the Sessions Court, Manjeri. Along with Ext.P2 appeal he has filed Ext.P3 application as Crl.M.P.No.1121/2010 for condoning the delay of 9 months and 15 days in filing the appeal. He has also filed Ext.P4 petition for suspending the sentence. 3. The grievance of the petitioner is that Exts.P2 to P4 are not being considered by the lower appellate court, whereas the W.P.(c)No.22825 of 2010 2 complainant has levied execution of the sentence passed by the trial court. This writ petition is disposed of directing the Sessions Court, Manjeri to take up for consideration Crl.M.P.No.1121/2010 which is the petition to condone the delay in filing the appeal and pass appropriate order, after giving both sides an opportunity of being heard. Proceedings for execution of the sentence passed by the trial court shall be kept in abeyance till the disposal of Ext.P3 application (Crl.M.P.Mo.1121/2010) in case the petitioner deposits a sum of Rs.10,000/- before the Sessions court within three weeks from today. Dated this the 23rd day of July, 2010. V. RAMKUMAR, JUDGE sj Issue copy today itself