Sojan M.D. v. Subramanian

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 CRL.A.No. 43 of 2009 ( ) ------------------------- AGAINST THE JUDGMENT IN CC 691/2002 of COURT OF JUDICIAL FIRST CLASS MAGISTRATE-III,THRISSUR DATED 23-11-2007 APPELLANT/COMPLAINANT:

------------------------------ SOJAN M.D., S/O.DEVASSY.M.P.

MELATH HOUSE, PERUMVAMKULANGARA DESOM MARATHAKKARA VILLAGE, OLLUR P.O., THRISSUR TALUK. BY ADV. SRI.P.K.ANIL RESPONDENTS/ACCUSED AND STATE::

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1. SUBRAMANIAN, S/O.PULIKKATHARA THACHU VAIDYAR, CHELAKKOTTUKARA DESOM, CHIYYARAM VILLAGE THRISSUR TALUK.

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 04-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.T.RAVIKUMAR, J.

------------------------------ Crl.A.No.43 of 2009 ------------------------------- Dated 4th September, 2015

JUDGMENT

This appeal is of the year 2009. Though several opportunities were given to the appellant to take out notice to the first respondent and on 10.8.2015 notice was ordered to the first respondent by special messenger so far no steps were taken by the appellant to serve on the first respondent. When this matter was taken up for consideration on 3.9.2015 there was no representation and even today, when this matter is taken up for consideration there is no representation. The defect still subsists. In the said circumstances, this appeal is dismissed for non-prosecution. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // p.s. to judge