Criminal Appeal No. 2436 of 2008 · Kerala High Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:THE HONOURABLE MR.JUSTICE V.K.MOHANAN MONDAY, THE 9TH DAY OF JULY 2012/18TH ASHADHA 1934CRL.A.No. 2436 of 2008 ( ) --------------------------(AGAINST THE JUDGMENT IN CC.318/2003 of J.M.F.C.-III,TRIVANDRUM,DTD.1.9.2007)APPELLANT(S)/COMPLAINANT::------------------------- C.V.KUMAR, T.C.25/620, 'THULASI BHAVAN', THYCAUD P.O., THIRUVANANTHAPURAM. BY ADVS.SRI.HARIKUMAR.S. SRI.C.P.BHADRAKUMARRESPONDENT(S)/ACCUSED AND STATE::---------------------------------1. SMT.S.GIRIJAKUMARY, T.C.NO.9/982, 'GIRIJA BHAVAN', NEAR THANIMA BEAUTY PARLOUR SREEKARYAM P.O., THIRUVANANTHAPURAM.2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV.SRI.P.M.SANEER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 09-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:ami/ V.K.MOHANAN, J.-------------------------------Crl.A.No.2436 of 2008-------------------------------Dated this the 9th day of July , 2012.J U D G M E N TInspite of the non representation of the appellant on10.4.2012, 13.4.2012, 22.5.2012 and on 6.7.2012, this Court suo motu adjourned the matter and posted today. But today also there is no representation. This appeal pertains to the year 2008 and the challenge is against the order passed under section 256(1) of Cr.P.C. in aprosecution for an offence punishable under section 138 of the NI Act, which is instituted at the instance of the appellant. The impugned order itself shows the negligence on the part of the appellant/complainant in prosecuting the matter. Now also, the same is the position. Therefore, the above appeal is dismissed for non prosecution. Sd/-V.K.MOHANAN, Judgeami///True copy//P.A. to Judge