The court dismissed Criminal Appeal No. 894 of 2006, filed by Indian Overseas Bank challenging an acquittal under Section 138 of the NI Act, for non-prosecution as the appellant failed to file substantive submissions.
Crl.A.No.894 of 2006 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 24TH DAY OF SEPTEMBER 2012/2ND ASWINA 1934
CRL.A.No. 894 of 2006 (F)
CRLP.190/2006 DATED 24-03-2006 CC.190/2003 of JMFC-V, TVM (SPL.COURT FOR MARKLIST CASES)
APPELLANT/COMPLAINANT:
INDIAN OVERSEAS BANK,A BODY CORPORATE CONSTITUTED & FUNCTIONING UNDER THE BANKING COMPANIES ACT, 1970, HAVING ITS REGISTERED OFFICE AT 762, ANNASALAI,CHENNAI & HAVING BRANCHES ALL OVER INDIA, INCLUDING ONE AT SREEKANTESWARAM IN THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGER.
BY ADV. SRI.P.B.SURESH KUMAR
RESPONDENTS/ACCUSED & STATE::
PUBLIC PROSECUTOR - SMT.S.HYMA
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 24-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN, J.
Crl.A.No.894 of 2006
Dated this the 24th day of September, 2012
JUDGMENT
The above appeal pertains to the year 2006 in which the challenge is against the order of acquittal recorded in favour of the respondent who faced prosecution for the offence punishable under Section 138 of the N.I. Act. The above appeal was admitted as early as on 22/05/2006 and notice was ordered. But so far service is not complete. On 15/06/2012 the counsel sought one week's time and time granted. Again on 08/08/2012 the counsel sought two week's time to cure the defect that was also granted with a direction that post after two weeks, if steps are not taken in the meanwhile. Thus the matter is again posted today. Today the counsel is not in a position to make any substantive submission regarding the total amount involved in the case and no explanation is offered for not taking steps to serve notice in spite of the fact that several adjournments were taken in this regard.
Crl.A.No.894/2006
: 2 :
The above approach of the appellant shows that they are not interested in prosecuting the matter. Accordingly, the above appeal is dismissed for nonprosecution.
V.K.MOHANAN, JUDGE
skj
True copy
P.A. to Judge
1 issue framed by the court
Whether the appeal stands dismissed due to the appellant's lack of interest in prosecuting the matter.
1 provisions across 1 enactments
INDIAN OVERSEAS BANK
M/S.APPLIANCES WORLD
PHILIP THOMAS
M/S.CARNOT
THOMAS P.
STATE OF KERALA
V.K.MOHANAN
As recorded by the court registry
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