Dr.P.R.Samiyath v. C.Mohandas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 CRL.A.No. 1659 of 2004 ( ) --------------------------- AGAINST THE JUDGMENT IN Crl.L.P. 622/2004 of HIGH COURT OF KERALA DATED 06-10-2004 AGAINST THE JUDGMENT IN CC 204/2003 of J.M.F.C.-II(MOBILE),KOTTAYAM APPELLANT/COMPLAINANT:
-------------------------- DR.P.R.SAMIYATH, PROPRIETOR, M/S.V.PUBLISHERS BOOK STALL, COLLEGE ROAD, KOTTAYAM REPRESENTED BY THE, POWER OF ATTORNEY HOLDER V.K.MOOSAKUTTY.
BY ADVS.SRI.SAIGI JACOB PALATTY SRI.SABU GEORGE RESPONDENT(S)/ACCUSED AND STATE:
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1. C.MOHANDAS, PRINCIPAL, ST.DAVID ALPHA ENGLISH MEDIUM SCHOOL, AYROOR PATHANAMTHITTA.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
R, BY ADV. PUBLIC PROSECUTOR SMT SAREENA GEORGE THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 11-082015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.D.RAJAN, J .........................................
Crl.A.No.1659 of 2004 .......................................
Dated 11th August 2015
JUDGMENT
This appeal is preferred against the order in C.C No.204 of 2003 of Judicial First Class Magistrate II, Kottayam. The above case was filed under Section 138 of N.I.Act. On 31.7.2004, the case was posted for hearing. On that day, the complainant was absent. No representation. No steps taken against the complainant and the accused was continuously absent. In the circumstance, even after several postings, the accused was acquitted under Section 256(1) Cr.P.C. Against that acquittal, the complainant preferred this appeal after obtaining special leave.
2. Today, when the matter came up for hearing, learned counsel appearing for the appellant submitted that no instructions about the complainant and even after several intimation sent to the appellant, he has not turned up. He submits that the appeal may be dismissed for non prosecution. Hence this appeal is dismissed for non prosecution.
P.D.RAJAN, JUDGE lgk