Appeal by complainant against acquittal in Section 138 NI Act case. High Court dismissed appeal holding complainant was not diligent and no error was evident in lower court order due to lack of produced order sheet.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.GIRI
THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930
CRL.A.No. 211 of 2007(B)
----------------------AGAINST THE JUDGEMENT/ORDER IN CRLP.681/2006 Dated 19/12/2006 CC.275/2001 of CHIEF JUDITIAL MAGISTRATE COURT, THALASSERY
APPELLANT/COMPLAINANT:
K. KUNHIRAMAN, S/O.KANNAN,
AGED 65 YEARS, RESIDING AT KIZHAKKAYIL HOUSE, KOLAVALLOOR AMSOM, KANNAMKODE DESOM, P.O.THUVAKKUNNU, THALASSERY, KANNOOR DIST.
BY ADV. SRI.K.P.HAREENDRAN SRI.V.K.SREENATH
RESPONDENTS/RESPONDENTS:
BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.GIRI, J.
CRL.A.No.211 of 2007 D
Dated this the 4th day of September, 2008 .
JUDGMENT
The complainant, in C.C.No.275/01 on the file of the Chief Judicial Magistrate, Thalassery, is the appellant in this appeal.
CRL.A.No.211 of 2007
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mistake committed by the court. There is nothing to substantiate the said contention. The order sheet has not been produced. In the circumstances, I am not in a position to find any error in the order passed by the court below. Obviously, the complainant was not diligent in prosecuting the matter.
I find no merit in this appeal.
Accordingly, the same is dismissed.
Sd/- (V.GIRI) JUDGE
sk/
//true copy//
P.S. To Judge
2 issues framed by the court
Whether the dismissal of the complaint due to prosecutory default warrants quashing via criminal appeal.
Whether the lower court committed an error in acquitting the accused due to the complainant's absence.
K. KUNHIRAMAN
STATE OF KERALA
C.P. RAVEENDRAN
V.GIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
