IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 CRL.A.No. 438 of 2003 ------------------------------------- CC.692/2000 of JFCM, CHALAKUDY .................... APPELLANT/COMPLAINANT: C.D.PAUL, S/O.DEVASSY, CHIRAYATH HOUSE, ANNANADU. BY ADV. SRI.V.R.DHEERAJ RESPONDENTS/ACCUSED & STATE: 1. JOSE, S/O.LATE JOSEPH, @ OUSEPHKUTTY, KAVUNGAL HOUSE, MANALAI DESOM, KUTTIKAD P.O., THRISSUR DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.SIBY MATHEW FOR R1 SRI.PHILIP J.VETTICKATTU FOR R1 PUBLIC PROSECUTOR SRI.P.A.SALIM FOR R2 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.A.No.438 of 2003 -------------------------- JUDGMENT This appeal is filed challenging the dismissal of a complaint filed under Section 138 of Negotiable Instruments Act for non prosecution. When the appeal was taken up, learned counsel appearing for the first respondent was present. There was no representation for the appellant. Learned counsel appearing for the first respondent submitted that in spite of notice, first respondent did not turn up. As there is no representation for the appellant and the complaint itself was dismissed for non prosecution, I find no reason to interfere with the order of acquittal. Appeal is dismissed. 29th July, 2010 (M.Sasidharan Nambiar, Judge) tkv M.Sasidharan Nambiar, J. -------------------------- Crl.A.No.438 of 2002 -------------------------- JUDGMENT 29th July, 2010