High Court of Kerala dismissed a criminal miscellaneous case for non-prosecution in absence of the petitioner, who had been warned of dismissal on multiple adjournments.
Criminal Miscellaneous Case dismissed for non-prosecution due to petitioner's non-appearance.
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 ALEXANDER THOMAS
FRIDAY, THE 2ND DAY OF JUNE 2017/12TH JYAISHTA, 1939
Crl.MC.No. 1718 of 2013 ()
ST 439/2009 (NEW S.T.NO.92/2013) OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANNUR.
PETITIONER/ACCUSED:
M.NISHANTH, S/O.VENUGOPAL, AGED 38 YEARS, RESIDING AT 'DEVIKRIPA', ELAYAVOOR U.P.SCHOOL ROAD, P.O.VARAM, KANNUR DISTRICT-670594.
BY ADVS.SRI.A.K.ABDUL AZEEZ SRI.T.K.SASINDRAN
RESPONDENTS/COMPLAINANT AND STATE:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. MUTHOOT FINANCE PVT.LTD., FORT ROAD BRANCH, KANNUR DISTRICT-670001, REPRESENTED BY ITS BRANCH MANAGER.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
Crl.MC.No. 1718 of 2013 () ---------------------------
APPENDIX
PETITIONERS' ANNEXURES:
| ANNEXURE-A1: | TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 16.3.07 FOR LOAN NO.0007875. |
|---|---|
| ANNEXURE-A2: | TRUE COPY OF THE GOLD AUCTION NOTICE DATED 2.11.2008. |
| ANNEXURE-A3: | TRUE COPY OF THE NEWSPAPER REPORTS DATED 18.4.2012 AND 15.8.2012 IN MALAYALA MANORAMA. |
| ANNEXURE-A4: | TRUE COPY OF THE COMPLAINT FILED U/S 138 OF THE NEGOTIABLE INSTRUMENTS ACT. |
| **RESPONDENTS' ** | ANNEXURES : NIL. |
| //TRUE COPY// | |
| P.S. TO JUDGE |
mbr/
ALEXANDER THOMAS, J.
==================
Crl.M.C.No. 1718 of 2013
==================
Dated this the 2nd day of June, 2017 O R D E R
There was no appearance for the petitioner on 8.12.2016, 12.1.2017, 17.3.2017 and 4.4.2016. On 4.4.2016, the case was adjourned to 30.5.2017. On 30.5.2017 there was no representation for the petitioner. Accordingly, this Court had passed a specific order on 30.5.2017 directing to list this case on 2.6.2017 (today) in the admission list with the warning “ for dismissal due to non prosecution ”.
Today also the case was listed for consideration. But there is no appearance for the petitioner. In this view of the matter, this Court is constrained to hold that the petitioner is not interested to prosecute the matter any further. Accordingly, this Criminal Miscellaneous Case will stand dismissed for non-prosecution.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
///True Copy///
P.S. to Judge
M.Nishanth
The State of Kerala
Muthoot Finance Pvt.Ltd.
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
