IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 CRL.A.No.1716 of 2003 (D) -------------------------------- AGAINST THE ORDER IN CRL.L.P.442/2003 Dated 08/10/2003 ST.4/1997 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... APPELLANT: COMPLAINANT: --------------------------------- GIRIJA DEVI, W/O.CHANDRASEKHARAN NAIR, SREE VIHAR, ULLALA KARA, THALAYAZHAM VILLAGE, VAIKOM TALUK. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENTS: ACCUSED & STATE: ----------------------------------------- 1. K.UNNIKRISHNAN NAIR, THEKKEDATH VEEDU, KIZHAKKUMCHERRY THEKKEMURI, NADUVILA VILLAGE, VAIKOM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ Crl. Appeal No.1716 of 2003 ------------------------------------------------ Dated this the 27th day of February, 2008 JUDGMENT In this Criminal Appeal filed as early as on 13/10/03, steps were taken only once for notice to the first respondent who is accused in a complaint filed under Section 138 of the N.I. Act. Notice was then returned with the report that the house is locked. Thereupon, this Court vide order dt.21/11/07, directed the appellant to take out notice by substitute service. No steps was taken thereafter in compliance with the order of this Court despite lapse of three months. 2. Today when the case is posted in the defect list, counsel for the appellant is absent and it is represented on his behalf that some more time may be granted for taking steps. I see no reason to grant any further time in this appeal of 2003 to take steps when Crl. Appeal No.1716 of 2003 -2- there is non-compliance with the direction of this Court on more than one occasion and the case had to be posted in the defect list also on three occasions. 3. In the result, I dismiss this Criminal Appeal for non-prosecution. K.P.BALACHANDRAN, JUDGE kns/-