Kerala High Court
K.P.Abdul Gaffoor vs P.K.Abdurahiman Kutty on 4 August, 2011
Author: V.K.Mohanan
Bench: V.K.Mohanan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRL.A.No. 1482 of 2008()
1. K.P.ABDUL GAFFOOR, "SHUHAIBAS",
... Petitioner
Vs
1. P.K.ABDURAHIMAN KUTTY, SHAMAL TIMBERS,
... Respondent
2. STATE OF KERALA, REP. BY ITS PUBLIC
For Petitioner :SRI.C.K.SREEJITH
For Respondent : No Appearance
The Hon'ble MR. Justice V.K.MOHANAN
Dated :04/08/2011
O R D E R
V.K.MOHANAN, J.
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Crl.A.No. 1482 of 2008
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Dated this the 4th day of August, 2011
J U D G M E N T
No representation for the appellant.
2. This appeal is preferred challenging the order dated 25.10.2003 in S.T.C.No.2758/2002 of the Judicial First Class Magistrate Court-I, Kannur by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C., in a case instituted upon a complaint preferred by the appellant for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act').
3. Against the above order of acquittal, for the purpose of filing the appeal, the appellant/complainant initially approached this Court by filing Crl.L.P.No.644 of 2008 seeking special leave of this Court under Section 378(4) of the Cr.P.C. But, this Court, by a detailed order dated 29.1.2009 in Crl.L.P.No.644 of 2008 declined the request for special leave.
CRL.A.NO.1482 of 2008 :-2-:
4. Thus, the present appeal is filed without obtaining special leave under Section 378(4) of the Cr.P.C., though the challenge is against the acquittal recorded by the trial court under Section 256(1) of the Cr.P.C. as per the very same order, referred above. As the appellant has failed to obtain special leave from this Court, this appeal is not maintainable and in the light of the findings of this Court in Crl.L.P.No.644 of 2008, the appellant/complainant has no case on merit also.
In the result, this Criminal Appeal is dismissed.
V.K.MOHANAN, Judge MBS/ CRL.A.NO.1482 of 2008 :-3-:
V.K.MOHANAN, J.
CRL.R.P.No. 69 OF 2001 CRL.A.NO.1482 of 2008 :-4-:
ORDER Dated:23.6.2011