Dismissed

Vinod Kumar N.S. v. Nissam

Kerala HC21 Mar 2013CRL.A/2434/2007

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the criminal appeal filed by a complainant challenging an order of acquittal under Section 138 of the Negotiable Instruments Act. The court held that the appeal lacked merit due to the appellant's prolonged negligence and failure to prosecute the matter earnestly in both lower courts and at the appellate stage.

What did the court decide?

The appeal was dismissed for nonprosecution and as devoid of any merit.

Vinod Kumar N.S. Vs Nissam — Cheque Dishonour | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.K.MOHANAN

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THURSDAY, THE 21ST DAY OF MARCH 2013/30TH PHALGUNA 1934

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CRL.A.No. 2434 of 2007 (D)

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Crl.L.P..1244/2007 of HIGH COURT OF KERALA DATED 07-12-2007

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AGAINST THE ORDER/JUDGMENT IN ST.10/2006 of J.M.F.C. - III, KOLLAM DATED 17-08-2007

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APPELLANT/COMPLAINANT:

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VINOD KUMAR N.S.

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UNIT MANAGER, MATHRUBHUMI KOLLAM UNIT, RAMANKULANGARA, KOLLAM.

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BY ADV. SRI.B.MOHAN LAL

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RESPONDENTS/ACCUSED & STATE:

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NISSAM.S., KURUNNAPPANA VEEDU, KILIKOLLUR P.O., PUNTHALATHAZHAM, KOLLAM-691004.

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STATE OF KERALA, REPRESENTED BY THE

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PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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R2 BY PUBLIC PROSECUTOR SMT.V.H.JASMINE

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THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 21-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V.K.MOHANAN, J.

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Crl.A.No.2434 of 2007

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Dated this the 21^st day of March, 2013

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JUDGMENT

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This is an appeal filed at the instance of the complainant in a prosecution for the offence under Section 138 of the N.I. Act connected with the dishonour of cheque for `8,500/-, as he is aggrieved by the order of acquittal recorded by the trial court under Section 256(1) of Cr.P.C., in favour of the accused.

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From the case records it can be seen that there

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are numerous proceedings initiated by this Court to secure the presence of the respondent and the same are not materialised because of the ineffective and improper approach of the appellant and particularly due to his failure in taking earnest steps at appropriate stage to secure the presence of the respondent. It seems that finally on 14/12/2012 the counsel sought time to take fresh steps. It is also discernible from the endorsement

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Crl.A.No.2434/2007

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: 2 :

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contained in the file that notice sent by speed post with hearing date on 24/01/2013 but that notice also returned unserved and when the matter was posted before the Registrar (Judicial) on 31/01/2013, the appellants sought two weeks time to take steps and accordingly time was granted up to 15/02/2013 and ordered that, if steps are not taken before 15/02/2013 to post the matter before the Bench. As no step is taken it is posted today and today, the counsel again seeks time.

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Going by the order impugned in the appeal it appears that the complainant was absent on 17/08/2007 and he was continuously absent for two postings right from 22/05/2007. From the cause title of the impugned order it appears that originally cognizance was taken in the year 2003. Thus, from the impugned order it appears that the complainant who is the appellant herein was not earnest and prompt in prosecuting the matter in the trial court in spite of the opportunities given to him. After filing the appeal before this Court there is no change in

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Crl.A.No.2434/2007

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: 3 :

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the conduct and approach of the complainant/ appellant and though the appeal seems to have been filed on 12/12/2007, after five years still the notice on the respondent is not seen served. So, the appellant is negligent in prosecuting the matter not only in the trial court but in this Court as well.

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Therefore, according to me, the appeal is devoid of any merit as well. So, the appeal is dismissed for nonprosecution and as devoid of any merit.

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Sd/- V.K.MOHANAN, JUDGE

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skj

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True copy P.A. to Judge

Vinod Kumar N.S. v. Nissam

Case brief

What is this about?

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Vinod Kumar N.S. v. Nissam

Case brief

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