IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Crl.L.P..No. 993 of 2008 (CC.546/2004 of J.M.F.C.,KOTTAYAM ) .................... PETITIONER/COMPLAINANT: ------------------------------------------ STEPHEN JOSEPH, AGED 51 YEARS, S/O.LATE JOSEPH, VETTIKANAL HOUSE, UZHAVOOR KARA, UZHAVOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.MANJU ANTONEY SRI.CYRIAC SIMON SRI.KURIAKOSE MATHEW RESPONDENTS: ACCUSED/STATE ----------------------------------------------- 1. JUDY M.JOSE, AGED ABOUT 44 YEARS, HOTEL MAY FAIR, BY-PASS ROAD, PALARIVATTOM, KOCHI, ERNAKULAM DISTRICT. 2. P.K.UTHUP, AGED ABOUT 49 YEARS, HOTEL MAY FAIR, BY-PASS ROAD, PALARIVATTOM, KOCHI, ERNAKULAM DISTRICT. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU. THIS CRIMINAL LEAVE PETITION HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------------- Crl.L.P.No. 993 of 2008 --------------------------------------------- Dated this the 19th day of January, 2009 O R D E R This is a petition seeking leave to file appeal against the order dated 31.3.2008 of the Judicial First Class Magistrate Court -I, Kottayam in C.C.No.546 of 2004 passed under Section 256(1) of Cr.P.C. , acquitting the accused. 2. C.C.No.546 of 2004 is a case instituted upon a private complaint preferred by the petitioner under Section 138 of the Negotiable Instruments Act. The case pertains to the year 2004 and the trial court proceedings started on 24.7.2004. In the impugned order, it is stated that the complainant was absent for the last several posting dates. From the proceedings of the trial court, it is further clear that the complainant was continuously absent from 24.3.2008 onwards and there was no representation also. Since the case pertains to the year 2004, the learned Magistrate, due to the negligence of the complainant in prosecuting the complaint, acquitted the accused under Section 256(1) of Cr.P.C. Crl.L.P.No. 993 of 2008 :-2-: In the above facts and circumstances, I find no illegality in the order of the Magistrate and no case is made out to grant leave for filing the appeal. Accordingly, the Criminal Leave Petition is dismissed. V.K.Mohanan, Judge MBS/ Crl.L.P.No. 993 of 2008 :-3-: V.K.MOHANAN, JJ. -------------------------------------------- Crl.A.NO. OF 200 -------------------------------------------- J U D G M E N T DATED: -1-2009 Crl.L.P.No. 993 of 2008 :-4-: