The Kerala High Court dismissed a criminal appeal under Section 138 of the Negotiation Instrument Act for non-prosecution. The appellant repeatedly failed to serve notice on the respondent or comply with court directions despite multiple opportunities.
The criminal appeal is 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 P.D.RAJAN
TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937
CRL.A.No. 463 of 2002 ( )
AGAINST THE JUDGMENT IN Crl.MC 5676/2002 of HIGH COURT OF KERALA DATED 21-06-2002
AGAINST THE JUDGMENT IN CC 277/1999 of J.M.F.C.,CHAVAKKAD DATED 15-02-2002
APPELLANT/COMPLAINANT:
MUBARACK, S/O.MUKIATH ABDUL MAJEED, VATANAPPILLY VILLAGE, VATANAPPILY DESOM CHAVAKKAD TALUK.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S)/RESPONDENT & STATE:
BY PP SMT SAREENA GEORGE
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28-072015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.D.RAJAN, J
....................................... Dated 28th July, 2015
JUDGMENT
This appeal is preferred against the judgment in C.C.No.277 of 1999 of Judicial First Class Magistrate, Chavakkad which was filed under Section 138 of N.I.Act. The case was posted on 15.2.2002 for evidence. Appellant/complainant failed to appear before court. Therefore, accused/first respondent was acquitted on 15.2.2002. After filing this appeal, this court directed the appellant to give notice to the first respondent. After several directions issued by this court, appellant failed to serve notice on the first respondent.
P.D.RAJAN, JUDGE
lgk
P.D.RAJAN, J
CRL.A.463/2002
JUDGMENT
28.7.2015
1 issue framed by the court
Whether the criminal appeal should be dismissed for want of prosecution despite previous directions to the appellant.
1 provisions across 1 enactments
MUBARACK
SAJI
STATE OF KERALA
P.D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
