IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 25TH OCTOBER, 2011 / 3RD KARTHIKA, 1933 CRL.A.No. 1452 of 2007 ------------------------------ (LEAVE GRANTED AS PER ORDER IN CRLP.361/2007 Dated 21/06/2007 AGAINST THE ORDER DTD.16.12.2006 IN CC.49/2003 of JUDL.FIRST CLASS MAGISTRATE COURT, ERNAKULAM) .................... APPELLANT(S)/COMPLAINANT ---------------------- M/S.PREMIER METALS & ENGINEERING CORPORATION, XXXVII/87(A), T.D.ROAD, ERNAKULAM, KOCHI-35 REP. BY ITS POWER OF ATTORNEY HOLDER AND SALES MANAGER MR.LANSY CHERIAN. BY ADV. SRI.ALEXANDER PETER RESPONDENTS(S): ACCUSED 1 & 2 AND STATE -------------------------- 1. SUPER SECCOLAR SYSTEMS, 32/1477 KOCHAPPILLY ROAD, PALARIVATTOM, KOCHI-25, REP. BY ITS MANAGING PARTNER MR.ARUN BABU. 2. MR.ARUN BABU, MANAGING PARTNER, SUPER SECCOLOR SYSTEMS, 32/1477 KOCHAPPILLY ROAD, PALARIVATTOM, KOCHI-25. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR SMT.LOWSY. THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.K.MOHANAN, J. ---------------------------------------- Crl.A.No. 1452 of 2007 ---------------------------------------- Dated this the 25th day of October, 2011 J U D G M E N T The above appeal is filed at the instance of the complainant in a prosecution for the offence under Section 138 of the Negotiable Instruments Act,1881 (for short 'the N.I.Act') and the trial court acquitted the accused under Section 255(1) of the Cr.P.C. Though the above appeal was admitted on 9.8.2007 and issued notice to the respondents, the same could not be served on them as the addressee left the place and the whereabouts are not known and therefore, the service is not complete. Thus, the matter is being posted in the defect list from 26.7.2011 onwards. By order dated 26.7.2011, this Court suo motu adjourned the matter and posted after ten days though there was no representation. By another order dated 19.10.2011, on which date also there was no representation, in spite of the order passed by this Court on 26.7.2011, adjourned the case as last chance with a direction to post the case on 25.10.2011. When the case is taken CRL.A.NO.1452 of 2007 :-2-: today which is posted in the defect list, today also there is no representation. The above conduct of the appellant shows its laches and negligence in prosecuting the appeal. Therefore, this Criminal Appeal is dismissed for non-prosecution. V.K.MOHANAN, Judge MBS/ CRL.A.NO.1452 of 2007 :-3-: V.K.MOHANAN, J. CRL.A.No. 796 OF 2003 JUDGMENT Dated:4.10.2011 CRL.A.NO.1452 of 2007 :-4-: