IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1656 of 2009()
1. SOUNDARA RAJAN.V.F.,SAYOOJYAM,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. G.SURENDRAN,SARASWATHY BHAVAN,
For Petitioner :SRI.P.SIVARAJ
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :21/05/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 1656 OF 2009
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Dated this the 21st day of May,2009
ORDER
Petitioner is the accused in S.T.400/2006
on the file of Judicial First Class Magistrate
Court-VII, Thiruvananthapuram. He was
convicted and sentenced for the offence under
section 138 of Negotiable Instruments Act. He
filed Crl.Appeal 132/2008. In Crl.M.P 433/2008
under Annexure A1 order Sessions Judge
suspended the sentence on condition that
petitioner shall execute a bond for
Rs.25,000/- with two solvent sureties for the
like sum to the satisfaction of the Magistrate
within one month. Petitioner did not execute
the bond. This petition is filed under section
482 of the Code of Criminal Procedure for a
direction to the Sessions Court to dispose
Crl.M.P433/2008 pending before the court filed
Crl.M.C. 1656/2009 2
by petitioner for extension of time. Copy of that
petition is not produced. The petitioner does not
disclose the date when that application was filed.
Learned counsel submitted that a direction be
issued to the Sessions Judge to dispose the
petition.
2. Petitioner did not execute a bond as
directed under Annexure A1 order within the period
fixed by the order. Even after the expiry of the
order, he did not file a petition for extension
immediately. Crl.M.P.433/2008 is filed at a later
stage. In such circumstance, petitioner is not
entitled to get any direction from this court for
its disposal. It is for the petitioner to approach
the Sessions Judge to dispose the application
expeditiously. If such an application is filed,
Sessions Judge to pass appropriate orders without
delay.
Crl.M.C is disposed accordingly.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
Crl.M.C. 1656/2009 3
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006