IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2922 of 2008()
1. RAM MANOJ
... Petitioner
Vs
1. MELCO ORGANIC PRIVATE LIMITED
... Respondent
For Petitioner :SRI.B.MOHANLAL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :31/07/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 2922 of 2008
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Dated this the 31st day of July, 2008
O R D E R
The petitioner has been found guilty, convicted and
sentenced in a prosecution under Section 138 of the N.I. Act. He
has preferred an appeal. But he did not prefer the appeal in time
and therefore filed the appeal along with an application to
condone the delay. That application is pending consideration
before the learned Sessions Judge. But in the mean time there
was an attempt made by the trial court to execute the sentence
imposed. There is no fetter on the execution of the impugned
sentence now as the appeal has not been admitted so far and the
application for condonation of the delay has not been considered.
The learned counsel for the petitioner prays that there may be a
direction to the court below not to execute the sentence until the
Sessions Judge considers the application for condonation of
delay and later the application for suspension of the sentence.
Crl.M.C.No. 2922 of 2008
2
2. Having considered all the relevant inputs, I am satisfied that
there can be a direction that the sentence imposed on the petitioner in
C.C. 289 of 2006 by the JFMC, Chengannur shall not be executed for
a period of two months from this date, on condition that the petitioner
deposits an amount of Rs.25,000/- before the learned Magistrate within
a period of ten days from this date.
3. This Crl.M.C. is allowed to the above extent.
(R. BASANT)
Judge
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