Sankethathil Shereef vs Rajan on 30 July, 2006

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Kerala High Court
Sankethathil Shereef vs Rajan on 30 July, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 599 of 2006()


1. SANKETHATHIL SHEREEF,
                      ...  Petitioner

                        Vs



1. RAJAN, S/O. GOVINDAN EZHUTHACHAN,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.K.M.SATHYANATHA MENON

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :30/07/2006

 O R D E R
                       M.C.HARI RANI, J.
       -----------------------------------------------------
                       CRL.M.C.No.599 OF 2006
           -----------------------------------------------------
           DATED THIS THE 30th DAY OF JULY, 2008

                             O R D E R

The petitioner herein is the first accused in S.T.No.4050/03

on the file of the Court of the Judicial First Class Magistrate-I,

Perinthalmanna tried for the offence under Section 138 of the

Negotiable Instruments Act which is now pending in Crl.Appeal

No.486/05 on the file of the Additional Sessions Court (Adhoc-I),

Manjeri. In that appeal, the petitioner has filed

Crl.M.P.No.1273/05 for stay of the order of the learned

Magistrate, wherein a direction was given by the learned Sessions

Judge on 24.12.2005 that ” the sentence of imprisonment shall

stand suspended on executing bond for Rs.10,000/- and for the

like sum by 2 solvent sureties. Deposit the compensation before

next hearing and report and notice 14.2.2006.” 8Thereafter this

Court has modified that order with a direction to the petitioner to

deposit an amount of Rs.15,000/- within two months from

28.2.2006. It is submitted by the learned counsel appearing for

the petitioner that the said amount ordered by this Court has not

CRL.M.C.No.599/06 -2-

been deposited by the petitioner herein. The petitioner’s counsel has

also submitted that a direction may be given to the concerned Sessions

Judge to dispose of the Crl.Appeal. This submission is not opposed by

the learned Public Prosecutor.

2. In the result, the Crl.M.C. is dismissed with a direction to

the learned Additional Sessions Judge (Adhoc-I), Manjeri to dispose of

Crl.Appeal No.486/05 within a reasonable time, at any rate, within six

months from the date of receipt of a copy of this order.

M.C.HARI RANI, JUDGE.

dsn

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