Kerala High Court
In Crl.Appeal vs State Of Kerala on 2 June, 2003
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933
CRL.A.No. 1062 of 2003()
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AGAINST THE JUDGEMENT/ORDER IN CRLP.42/2003 Dated 02/06/2003
CC.757/2001 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI - 5.
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APPELLANT(S): IN CRL.APPEAL,PETITIONER IN CRL.L.P.
COMPLAINANT IN CC:
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MRS. ACCAMMA EAPEN,
PROPRIETRIX, HINTER LAND CHITS,
REP. BY POWER OF ATTORNEY HOLDER,
V.EAPEN MATHAI, 76 GIRI NAGAR, KOCHI - 20.
BY ADV. SRI.MATHAI EAPPEN VETTATH
RESPONDENT(S): IN APPEAL, RESPONDENTS IN CRL.L.P. ACCUSED IN CC:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR.
2. TOMY T.F., S/O.FRANCIS,
THAIKKADAN HOUSE, EROOR, TRIPUNITHURA.
R1 BY PUBLIC PROSECUTOR SRI. ALEX M.THOMBRA
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD
ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Kss
N.K.BALAKRISHNAN, J.
---------------------------------------------------- Crl.A.No.1062 of 2003
---------------------------------------------------- Dated this the 19th day of August, 2011 Judgment This appeal was filed in the year 2003 challenging the judgment of acquittal passed by the learned Magistrate in a complaint filed by the appellant herein alleging offence under Section 138 of the N.I.Act. The appellant took no steps to effect notice on the first respondent/accused. It is noted by the Registry that there was no representation. Hence it was posted before the court. When the case was taken up in the morning, no representation was made on behalf of the appellant. It was again taken up in the afternoon also. No representation. Hence, the appeal is dismissed for non-prosecution.
N.K.BALAKRISHNAN, JUDGE.
srd