The Kerala High Court dismissed the criminal appeal challenging an acquittal under Section 138 NI Act due to the appellant's consistent non-prosecution. The court noted the absence of the appellant and the unavailability of lower court records.
Crl. Appeal No. 826 of 2006 dismissed for non-prosecution.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 20TH DAY OF MAY 2015/30TH VAISAKHA, 1937
CRL.A.No. 826 of 2006 ( )
CC 127/2003 of J.M.F.C.-III(MOBILE),EKM
Crl.L.P. 155/2006 of HIGH COURT OF KERALA
APPELLANT(S)/COMPLAINANT:
MOTOR & GENERAL FINANCE (INDIA) LTD., THAMPY'S BUILDING, M.G.ROAD, ERNAKULAM REP. BY ITS POWER OF ATTORNEY HOLDER, T.J.THOMAS.
BY ADV. SRI.G.HARIHARAN
RESPONDENT(S)/ACCUSED AND STATE:
1. K.C.VICTOR, KELENCHERRY HOUSE, KATTANAM, NEELESWARAM KALADY, ERNAKULAM DISTRICT.
2. STATE OF KERALA,
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 20-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sab
P.UBAID, J.
Crl. Appeal No. 826 of 2006
Dated this the 20th day of May, 2015.
J U D G M E N T
The appellant herein challenges a judgement of acquittal under Section 138 of the Negotiable Instruments Act on the ground that the person who brought complaint does not have any authority to represent the complainant. The appellant has been consistently absent. Today also the appellant is absent, and there is no representation on his side. There is a report from the court below that the case records in C.C No.127 of 2003 stand destroyed in July 2012. Thus the lower court records are not now available for perusal. Anyway, the appellant is consistently absent. This is not an appeal challenging conviction, but an appeal challenging acquittal. Such an appeal will have to be dismissed for default when the appellant is not interested in prosecuting the appeal. Hence this Crl.Appeal is dismissed due to non prosecution.
Sd/P.UBAID, JUDGE
sab
1 issue framed by the court
Whether the criminal appeal challenging acquittal should be allowed when the appellant is consistently absent and the case records are destroyed.
MOTOR & GENERAL FINANCE (INDIA) LTD.
K.C.VICTOR
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
