Appeal dismissed for non-prosecution. Appellant failed to act on multiple court directions post-leave to appeal, remained absent throughout, and offered no representation despite the matter being posted repeatedly.
The 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
MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937
CRL.A.No. 837 of 2004 ( )
AGAINST THE ORDER IN CC 623/2000 of J.M.F.C.-I, ALUVA DATED 31-12-2003 LEAVE GRANTED IN CRL.L.P.NO.121 OF 2004 ON 12-02-2004
APPELLANT(S)/COMPLAINANT::
M/S. SOHNA INTERNATINOAL, SOHNA, PAYYAPPILLY LANE, BYE-PASS, ALUVA-683 101 REP. BY ITS PROPRIETOR SRI.M.A. ABDUL SALAM S/O. ABDUL KAREEM.
BY ADV. SRI.K.A.SHAMSUDEEN
RESPONDENT(S)/ACCUSED::
1. SRI. V. DACHENA MOORTHY, MANAGING DIRECTOR, SUNTEX PRIVATE LIMITED S.F.NO.446/2B, AVANASHILLINGAMPALAYAM PALAZAKARAI POST, AVINASHI-638 654.
2. M/S. SUNTEX PRIVATE LIMITED, REP. BY ITS MANAGING DIRECTOR SRI.V. DACHENA MOORTHY, S.F.NO.446/2B AVANASHILLINGAMPALAYAM, PALAZKARAI POST AVAINAISHI-638 654.
3. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE.
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 03-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
acd
P.D. RAJAN, J.
Crl. Appeal No.837 of 2004
Dated this the 3rd day of August, 2015
JUDGMENT
This appeal is preferred against the order in
C.C.No.623/2000 of the Judicial First Class Magistrate Court-I, Aluva. The appellant filed a complaint in the
Judicial First Class Magistrate Court-I, Aluva under Section 138 of the Negotiable Instruments Act. The accused, who is
the 1st respondent appeared in the trial Court and he pleaded
not guilty. After recording the evidence of PW1, there was
no appearance from the side of the appellant. The 1st
respondent was also absent. Hence, the Court below cancelled the bail and issued Non Bailable Warrant against the 1st respondent.
Crl. Appeal No.837/2004 2
In the circumstances, the trial Court acquitted the 1st respondent. Against that order, the appellant approached this Court to grant leave to file the appeal. Accordingly, the leave was granted on 12.2.2004.
time to take fresh steps. Since no steps were taken within that time, again the case was posted before Court on 15.7.2015. On that day, this Court passed the following
order:
“Appellant absent. No representation. In spite of specific direction, no steps have been taken so far. Include in the disposal list. Post on 24.7.2015.”
Crl. Appeal No.837/2004 3
Even after several postings, no steps were taken so far.
Hence, this appeal is dismissed for non-prosecution.
P.D. RAJAN, JUDGE.
acd
Crl. Appeal No.837/2004 4
3 issues framed by the court
Whether this appeal should be dismissed for non-prosecution due to inaction and absence of the appellant.
Whether the appellant complied with the court’s directions to cure defects in the appeal proceedings.
What order to pass given the repeated non-appearance and lack of representation by the appellant.
M/s. Sohna International
V. Dachena Moorthy
The State of Kerala
P. D. Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
