IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 CRL.A.No. 680 of 2003 ------------------------------------ CRA.113/1994 of SESSIONS COURT, TRIVANDRUM ST.323/1991 of ADDL.CJM, TRIVANDRUM .................... APPELLANT/COMPLAINANT: M.KRISHNAN NAIR, S/O. MADHAVAN THAMPI, RADHABHAVAN, MANIKANDESWARAM P.O., VATIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJASEKHARAN NAYAR RESPONDENTS/APPELLANTS-ACCUSED AND STATE: 1. ABDUL REHIMAN, MANAGING PARTNER, CENTRAL TRADING CORPORATION, CENTRAL THEATRE ROAD, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- Crl.A.No. 680 of 2003 --------------------------- JUDGMENT This appeal of the year 2003 is filed by the complainant in S.T.No.323/91 on the file of the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram, assailing the acquittal of the first respondent of offence punishable under Section 138 of the Negotiable Instruments Act, vide judgment of the Sessions Judge, Thiruvananthapuram in Crl.A.No.113/94, reversing the conviction and sentence passed by the Additional Chief Judicial Magistrate in S.T.No.323/91. 2. When this appeal came up for admission on 16.6.2003, a learned Judge of this Court, while admitting the appeal, in his eagerness to dispose of the case at the earliest, passed the following order: “Notice given and the learned Public Prosecutor appears for the respondent/ State. Issue notice to the respondent/ CRA 680/03 2 accused. Simultaneously, give notice to the learned counsel (if any) for the respondent/accused, who was appearing in the lower court and file a memo to that effect within a period of 15 days.” The appellant has given scant regard to the directions in the aforesaid order and has not paid the process for service of notice to the first respondent nor has copy of the appeal memorandum been served on the counsel for the first respondent, who was appearing in the court below. The amount involved in the cheque, dishonour of which is complained of, is Rs.4,000/-. Probably that is the reason why the appellant is not interested in this matter. I see no reason why any further opportunity is to be afforded to the appellant to take steps in this appeal. In the result, I dismiss this criminal appeal. 8th April, 2008 (K.P.Balachandran, Judge) tkv CRA 680/03 3 K.P.Balachandran, J. --------------------- Crl.A.No.680 of 2003 --------------------- JUDGMENT 8th April, 2008