Criminal appeal against acquittal in an offence under Section 138 of the Negotiable Instruments Act. The appeal was dismissed for non-prosecution as the parties had settled out of court by the appellant's counsel's failure to challenge a settlement memo.
Criminal appeal dismissed for non-prosecution in view of out-of-court settlement.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
THURSDAY, THE 14TH DAY OF MARCH 2013/23RD PHALGUNA 1934
CRL.A.No. 1610 of 2008 ( )
(AGAINST THE ORDER OF ACQUITTAL PASSED IN CRA.294/2007 IN THE FILE OF THE ADDL.SESSIONS JUDGE,FAST TRACK-1, ALAPPUZHA WHICH WAS PREFERRED AGAINST ORDER OF CONVICTION PASSED IN C.C.NO.824 OF 2003 IN THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE -1, CHERTHALA)
PETITIONER/IST RESPONDENT/COMPLAINANT:
V.PRAKASHAN, S/O.VAVA, PRASANTH C.M.C.1, CHERTHALA P.O.
BY ADV. SRI.T.JAYAKRISHNAN
1ST RESPONDENT(S)/APPELLANT/2ND RESPONDENT/2ND RESPONDENT:
1. CYRIL BRITTO, S/O.CONTARD BRITTO POMPOZIL, C.M.C.-III, POWER HOUSE ROAD CHERTHALA P.O.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R2 BY ADV. PUBLIC PROSECUTOR SMT.V.H.JASMINE R-1 BY ADV. SRI.ROY CHACKO
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 14-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.K.MOHANAN, J.
Crl.A.No.1610 of 2008
Dated this the 14th day of March, 2013
JUDGMENT
The complainant in a prosecution for the offence under Section 138 of the Negotiable Instruments Act is the appellant as he is aggrieved by the judgment dated 31.03.2008 in Crl.Appeal.No.294 of 2007 of the court of Additional Sessions Judge, Fast Track Court-1, Alappuzha by which learned Judge acquitted the accused interfering the judgment of the trial court, though the trial court convicted the accused for the said offence.
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Crl.A.No.1610 of 2008
settled out of court the counsel or his party may not interested in
further prosecuting this matter.
In the above circumstances, the above appeal is dismissed
for non-prosecution.
V.K.MOHANAN
JUDGE
mns
V.PRAKASHAN
CYRIL BRITTO
STATE OF KERALA
V.K.MOHANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
