IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 CRL.A.No. 435 of 2006() ----------------------- ST.560/2005 of SPECIAL JUDICIAL FIRST CLASS MAGISTRATE (MARAD CASES), KOZHIKODE. .................... APPELLANT/COMPLAINANT:- -------------------------------- A.MADHUSUDHAN, AGED 40 YEARS, S/O.NARAYANAN, KANNCHANKANDY HOUSE, VENGERI AMSOM AND DESOM, P.O.KARUVISSERRY, KOZHIKODE. BY ADV. MR. JACOB ABRAHAM RESPONDENTS/ACCUSED:- ------------------------------- 1. K.C.KOYAKUTTY, PERUMPADAPPIL HOUSE, THAZHEKKODU AMSOM AND DESOM, P.O.THAZHEKKODU, MUKKOM, KOZHIKODE. 2. STATE OF KERALA, REPRESENTEDN BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. SUNNY MATHEW FOR R1 MR. C.M. NAZER, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. A. No.435 of 2006 ------------------------------------------------------------ Dated this the 23rd day of November, 2009. JUDGMENT When this appeal came up for hearing, the learned counsel for the appellant submitted that the dispute in this matter arising out of a prosecution under Section 138 of the Negotiable Instruments Act, 1881 has since been settled between the parties and the appellant/complainant has received the cheque amount in question and that there is no subsisting grievance in the matter. He, therefore, submitted that the appeal is not pressed. This appeal is accordingly dismissed for non-prosecution. Dated this the 23rd day of November, 2009. V. RAMKUMAR, JUDGE. rv