Criminal appeal dismissed for non-prosecution. The appeal, pending for eight years, was abandoned by the appellant after the court directed service of notice on the respondent, which was never effected.
The criminal appeal was dismissed for non-prosecution.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
MONDAY, THE 17TH DAY OF SEPTEMBER 2012/26TH BHADRA 1934
CRL.A.No. 1878 of 2004 ( )
AGAINST THE JUDGMENT IN CC.813/2000 of J.M.F.C.-I, MUVATUPUZHA, DTD.18.6.2004
APPELLANT(S):
M.P.ELIAS, MALIYEKAL VEEDU, PUTHUPPADY, MULAVOOR VILLAGE.
BY ADVS.SRI.P.V.ELIAS
SRI.N.N.ELAYATH
RESPONDENT(S):
1. JOSE EMMANUEL, PITTAPPILLIL VEEDU, THODIYOOR, KAKKANADU P.O., ERNAKULAM.
2. STATE OF KERALA REPRESENTED BY
BY ADV.SMT.LALIZA T.Y., PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 17-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AMI/
V.K.MOHANAN, J.
Crl.A.No.1878 of 2004
Dated this the 17th day of September, 2012.
J U D G M E N T
The challenge in the above appeal is against the order under section 255(1) of Cr.P.C., acquitting the accused who faced the prosecution for the offence punishable under section 138 of the NI Act at the instance of the appellant who is the complainant therein.
2
Crl.A.No.1878 of 2004
The above submission was recorded. This Court further observed and directed, as the appeal pertains to the year 2004, Adv.T.A.Unnikrishnan to cure the defect by taking steps to serve notice on the 1st respondent within one week from that date and also directed to post after one week, after filing fresh vakalath in the meantime. Today, the counsel representing Adv.T.A.Unnikrishnan submitted that the counsel, who was holding vakalath for the appellant became Government Pleader and the counsel on behalf of Adv.T.A.Unnikrishnan, who appears for the appellant, seeks time to cure the defect. From the above facts and datas it can be seen that the appeal is pending for the last 8 years and though sufficient time was granted to cure the defect, no effective step is seen taken. Hence, this appeal is dismissed for non prosecution.
Sd/-
V.K.MOHANAN, Judge
ami/
//True copy//
P.A. to Judge
1 provisions across 1 enactments
M.P. ELIAS
JOSE EMMANUEL
STATE OF KERALA
V.K. MOHANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
