High Court of KeralaCRL.A/550/2004dismissed

M/S.Saraswathi Agency v. M/S.Nambothil Offset

2015-07-21Honourable Mr. Justice P.D.Rajan2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.D.RAJAN TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 CRL.A.No. 550 of 2004 ( ) -------------------------- AGAINST THE JUDGMENT IN CC 209/2000 of J.M.F.C.-II, KOCHI DATED 22-08-2003 AGAINST THE JUDGMENT IN Crl.L.P. 36/2004 of HIGH COURT OF KERALA DATED 22-01-2004 APPELLANT/COMPLAINANT:

----------------------- M/S.SARASWATHI AGENCY, BAZAAR ROAD, KOCHI REPRESENTED BY ITS POWER OF ATTORNEY HOLDER SRI.SHAJI BERLY, S/O.BERLY O.J., ODATHEKAL HOUSE VENGOLPARAMBU ROAD, NARAKKAL, ERNAKULAM DISTRICT. BY ADV. SRI.MANU MOHAN RESPONDENT(S)/ACCUSED AND STATE:

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1. M/S.NAMBOTHIL OFFSET, NEAR K.S.R.T.C BUS STAND, MAVELIKKARA-690 103 REPRESENTED BY ITS EXECUTIVE PARTNER.

2. M/S.NAMBOTHIL PAPER MART AND BOOK STALL NEAR K.S.R.T.C BUS STAND, MAVELIKKARA - 690 103.

3. STATE OF KERAL REPRESENTED BY PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 31. BY PP SMT SEENA RAMAKRISHNAN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 21-072015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.D.RAJAN, J .........................................

Crl.Appeal No.550 of 2004 .......................................

Dated 21st July, 2015

JUDGMENT

This appeal is preferred against the judgment in C.C.209 of 2000 of Judicial First Class Magistrate II, Kochi which was filed under Section 138 of N.I.Act. On 22.8.2003, the complainant was absent and his counsel was also absent. The personal appearance of the complainant could not be dispensed with and on that ground, the accused was acquitted under Section 256(1) Cr.P.C. On 21.1.2004, special leave was granted and this appeal was admitted on 1.4.2004. This court directed the appellant to issue notice to the respondent. Even after specific direction, there was no representation from the side of the appellant.

Today also when the matter came up for hearing, there is no representation and no steps taken so far. Hence this appeal is dismissed for non prosecution.

P.D.RAJAN, JUDGE lgk