The Court dismissed the Criminal Appeal filed by the complainant against an order of acquittal for non-prosecution, noting the appellant's failure to appear or furnish representation over multiple postings. The appeal pertained to an offence under Section 138 of the N.I. Act.
The Criminal Appeal was dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
WEDNESDAY, THE 22ND DAY OF AUGUST 2012/31ST SRAVANA 1934
CRL.A.No. 1472 of 2004 (E )
AGAINST THE ORDER/JUDGMENT IN CRLP.505/2004 DATED 09-08-2004 ST.73/2002 of JMFC-V, TVM (SPL.COURT-MARKLIST CASES)
APPELLANT/COMPLAINANT::
P. SAKTHIKUMAR, KARTHI NIVAS,
T.C.28/860, KAITHAMUKKU, THIRUVANANTHAPURAM.
BY ADV. SRI.R.ANIL
RESPONDENTS/ACCUSED & STATE::
PUBLIC PROSECUTOR – SRI.P.M.SANEER
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 22-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN,J.
Crl.Appeal No.1472 of 2004
Dated this the 22nd day of August, 2012
JUDGMENT
The above appeal pertains to the year 2004 and though posted today in the defects list, there is no representation for the appellant.
of the N.I. Act at the instance of the appellant/complainant.
Crl.A.No.1472/2004
: 2 :
(Judicial) on 29/09/2011, there was no representation and hence the Registry has posted the matter before the bench on 25/11/2011. Thus when the above appeal was taken in the defects list on 25/11/2011, there was no representation. Therefore this Court suo-motu adjourned the case and ordered to post after ten days with a direction that the defect shall be cured in the meanwhile. That opportunity was not availed of. Again on 08/08/2012 the matter was posted before the Registrar (Judicial) on which date there was no representation. Therefore the Registry has again posted the matter before the bench today in the defects list. But the same is the position and there is no representation for the appellant.
The above approach and conduct of the appellant as well as his counsel shows that they are not interested in prosecuting the matter. Therefore the above appeal is dismissed for non-prosecution.
V.K.MOHANAN, JUDGE
skj
1 issue framed by the court
Whether the Criminal Appeal filed by the complainant against the order of acquittal should be dismissed for non-prosecution due to lack of representation.
2 provisions across 2 enactments
P. Sakthikumar
R.B. Ajith Kumar
State of Kerala
V.K. Mohanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
