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