IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 17921 of 2010(Q) -------------------------- CRA.290/2009 of DISTRICT COURT, PATHANAMTHITTA CC.1616/2005 of J.M.F.C.-I,PATHANAMTHITTA .................... PETITIONER(S): ----------- C.N.REMADEVI, W/O.P.K.SALIM KUMAR, PALAZHI, VARIYAPURAM P.O., ELANTHOOR. BY ADV. SRI.P.HARIDAS RESPONDENT(S): ------------- 1. T.P.SOMANATHA PILLAI, AGED 63 YEARS, S/O.MADHAVAN PILLAI, "JYOTHIS", PANNIVIZHA MURI, ADOOR VILLAGE & TALUK, PATHANAMTHITTA DISTRICT. 2. SREEKUMARI.S, AGED 63 YEARS, W/O.SUKUMARA PILLAI, UDAYAN VILA PUTHENPARAMBIL ULAVUKADU MURI, PALAMEL VILLAGE, NOW RESIDING AT OFFICIAL RESIDENCE OF KERAFED CHAIRMAN,"SUDARSANAM TC 35/2385, RESI NO.ENRA 25, ELAKKANTH NAGAR, THIRUMALA P.O., TRIVANDRUM. 3. S.SANTHOSH, AGED 39, S/O.SUKUMARA PILLAI UDAYAN VILA PUTHENPARAMBIL, ULAVUKADU MURI, PALAMEL VILLAGE, NOW RESIDING AT OFFICIAL RESIDENCE OF KERAFED CHAIRMAN,"SUDARSANAM", TC 35/2385, RESI NO.ENRA 25, ELAKKANTH NAGAR, THIRUMALA P.O., TRIVANDRUM. GOVT.PLEADER SRI. HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C ) No. 17921 of 2010 Q * * * * * * * * * * * * * * * * * * Dated: 29th day of June, 2010 JUDGMENT Petitioner who is the complainant in C.C. No. 1616 of 2006 on the file of the J.F.C.M. I, Pathanamthitta which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881, involving a cheque for Rs. 5,00,000/- seeks a direction to the Sessions Judge to impose necessary conditions in the order suspending the sentence while admitting Crl. Appeal No. 290 of 2010. According to the petitioner, the first respondent accused had filed a suit against respondents 2 and 3 and the said matter was settled before the Lokh Adalath and as per the award passed by the Lokh Adalath the first respondent will get a sum of Rs. 29,00,000/- and he is attempting to evade the payment due to the petitioner and the petitioner, therefore, seeks appropriate directions to the Sessions Judge to impose appropriate conditions. 2. The sentence imposed on the first respondent by W.P. (C ) No. 17921 of 2010 Q -:2:- the trial Court has already been suspended by the Sessions Judge. The only course now open to the petitioner is to get the Crl.Appeal disposed of expeditiously. This Court had called for a report of the Addl. Sessions Judge . As per letter dated the learned Addl. Sessions Judge has reported that the appeal can be disposed of within one month if the respondent in the appeal enters appearance before that Court on 28-6-2010. 3. The learned counsel for the petitioner submits that the petitioner is the only respondent in the appeal before the Sessions Court and that she has already entered appearance. If the petitioner has already entered appearance before the Addl. Sessions court, it is just and proper to direct that court below to dispose of the appeal expeditiously. Accordingly, this Writ Petition is disposed of directing the Addl. Sessions Court, Pathanamthitta to hear and dispose of Crl.Appeal 290 of 2009 expeditiously and at any rate within one month of receipt of a copy of this judgment. V. RAMKUMAR, (JUDGE) W.P. (C ) No. 17921 of 2010 Q -:3:- ani.