IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 CRL.A.No. 1954 of 2003() ------------------------ AGAINST THE JUDGEMENT/ORDER IN CRLP.376/2003 Dated 24/09/2003 CC.866/1996 of JUDL.MAGISTRATE OF FIRST CLASS,NORTH PARAVUR .................... APPELLANT/COMPLAINANT: --------------------------------- E.K.CHINNAPPAN, EDAYODATHUVEEDU, VAYALKARA, KUNNUKARA. BY ADV. SRI.T.V.PRABHAKARAN SRI.S.RAJEEV RESPONDENTS/ACCUSED & STATE: ----------------------------------------- 1. SHAJI, S/O. KRISHNAN, MANIYATHUPARAMBIL, VADUTHALA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJATH ALI THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER,J ========================= Crl.Appeal.No.1954 of 2003 ========================== Dated this the 8th day of April, 2008 JUDGMENT This appeal is at the instance of the complainant in a prosecution under Section 138 of the Negotiable Instruments Act. He impugns the order of acquittal passed by the trial court under Section 255(1) of the Code of Criminal Procedure. 2. Notice was ordered to the respondent on November 28, 2003, when it came up for admission. But the appellant had not taken any steps to pay process. Later the appeal came up for further consideration on September 25, 2007. On that occasion this Court directed the appellant to take out notice to the respondent by speed post. But till today, the appellant has not paid process. Therefore, the appeal is dismissed for non prosecution. A.K.BASHEER,JUDGE dvs