Criminal appeal filed challenging acquittal under Sec. 138 NI Act. Appellant withdrew the appeal citing the death of the deceased first respondent. Court dismissed the appeal as withdrawn.
Criminal appeal dismissed as withdrawn by the appellant.
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Crl A No. 1380 of 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
CRL.A NO. 1380 OF 2011
AGAINST THE ORDER/JUDGMENT in CC 939/2007 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, CHERTHALA
APPELLANT/S:
K.V. VISWANATHAN
KESAVAMANGALAM, VALAMANGALAM SOUTH P.O., CHERTHALA.
BY ADV SRI.J.OM PRAKASH
RESPONDENT/S:
1T.G. MURALEESHARA PANICKER,
THULASEE MANDIRAM, VALAMANGALAM SOUTH P.O.,,
THURAVOOR, CHERTHALA
2THE STATE OF KERALA REPRESENTED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM-
682031.
BY ADVS.
Smt Pushpalatha M.K, PUBLIC PROSECUTOR - R2
SRI.JAGADEESH LAKSHMAN
SRI.S.PRASANTH
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Crl A No. 1380 of 2011
C.S DIAS,J.
Crl A No. 1380 of 2011
-----------------------------
Dated this the 13th day of September, 2023
JUDGMENT
The appeal is filed under Sec.378(4) of the Code of Criminal Procedure (in short, ‘Cr.P.C’) challenging the judgment of the Judicial First Class Magistrate Court-I, Cherthala in CC No.939/2007 holding the first respondent/accused not guilty for an offence under
Sec.138 of the Negotiable Instruments Act and consequently acquitting him under Sec.255 (1) of the Code of the Cr.P.C.
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Crl A No. 1380 of 2011
appellant submitted that the first respondent is no more. Therefore, the appellant is no longer desirous of prosecuting the appeal because no useful purpose would be served in the same. Hence, he prayed that the appellant may be permitted to withdraw the appeal. The said submission is recorded.
Resultantly, the criminal appeal is dismissed as withdrawn.
SD/-
sks/13.9.2023 C.S.DIAS, JUDGE
K.V. Viswanathan
T.G. Muralishara Panicker
The State of Kerala
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court