IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 36640 of 2008(J) -------------------------- CRA.784/2008 of D.C. & SESSIONS COURT, ERNAKULAM .................... PETITIONER(S): --------------- FRANCIS.T.CHACKO, S/O.CHACKO, AGED 47 YEARS, RESIDING AT THENGUMMOOTTIL HOUSE, CULLEN ROAD, ALAPPUZHA. BY ADV. SRI.T.MADHU RESPONDENT(S): --------------- 1. ANNA MAGIE, W/O.JELSON, AGED 43 YEARS, PROPRIETRIX, AISWARYA TYRES, BANERJI ROAD, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM. ADV. SRI.C.J.JOY FOR R1 R2 & R3 BY GOVT. PLEADER SRI. GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF JUDGMENT DT.24.3.04 IN C.C.2043/01 ON THE FILE OF THE J.F.M.C.-I, KOCHI. EXT.P2 TRUE COPY OF JUDGMENT DT.23.9.08 IN CRL.M.C.3432/08. EXT.P3 TRUE COPY OF PETITION TO CONDONE THE DELAY IN FILING CRL.A.784/08 BEFORE THE SESSIONS COURT, ERNAKULAM DT.25.9.08 BY THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF COUNTER AFFIDAVIT DT.4.10.08 IN CRL.M.A. 4377/08 IN CRL.A.784/08 OF THE SESSIONS COURT, ERNAKULAM. EXT.P5 TRUE COPY OF ORDER DT.4.10.08 IN CRL.M.A.4377/08 IN CRL.A.784/08. EXT.P6 TRUE COPY OF JUDGMENT DT.7.10.08 IN CRL.M.A.3758/08. EXT.P7 TRUE COPY OF CRL.A. 784/08 OF THE SESSIONS COURT, ERNAKULAM. /TRUE COPY/ R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 36640 of 2008 J - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2009 JUDGMENT The grievance of the petitioner is that Ext.P6 order was obtained from this Court by the respondent suppressing the existence of Ext.P5 order. The respondent has been found guilty, convicted and sentenced in a prosecution under Section 138 of the N.I. Act, which was initiated by the petitioner herein. I am satisfied in the facts and circumstances of this case that a specific direction to the Sessions Court, Ernakulam to dispose of Crl.A. 784 of 2008 as expeditiously as possible, at any rate, within a period of one month from 8.1.2009, to which date the case now stands posted, shall serve the ends of justice eminently. No further directions are necessary. 2. This writ petition is allowed in part. There shall be a direction to the learned Sessions Court, Ernakulam to dispose of Crl.A. 784 of 2008 within a period of one month from 8.1.2009. 3. Issue copy today itself. (R. BASANT) Judge tm