IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 CRL.A.No. 669 of 2001() ----------------------- ST.137/1992 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA .................... APPELLANT/COMPLAINANT: ----------------------------- GEORGE THOMAS MANAGING PARTNER, M/S.SAKTHI STEEL COMPLEX, A.S.ROAD, ALAPPUZHA. BY ADV.SRI.M.M.ALIAS ADV.SRI.ROBIN C.THOMAS RESPONDENTS/ACCUSED: ---------------------------- 1. K.GOPINATHAN NAIR MANAGING PARTNER, M/S.ASSOCIATED TRADING CORPORATION KAITHAMUKKU, THIRUVANANTHAPURAM. 2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED SRI.PIRAPPANCODE V.S.SUDHIR FOR R1 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.C.HARI RANI,J. * * * * * * * * * * * * * Crl.A.No.669 of 2001 ---------------------------------------- Dated this the 26th day of May 2011 J U D G M E N T Both counsel are present. The learned counsel for the 1st respondent/accused submitted that the accused in this case expired on 03/03/2011. The same is recorded. 2. The impugned order was passed by the trial court for the offence under Section 138 of the Negotiable Instruments Act whereby the accused was acquitted under Section 255(1) Cr.P.C as per judgment dated 19/10/2000 in S.T.No.137/1992. It was found by the trial court that Exts.P2 and P3 cheques were not given to the complainant by the deceased accused for the discharge of the debt and that the accused had not committed offence punishable under Section 138 of the Negotiable Instruments Act. The death of that accused is recorded and this appeal is dismissed. (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge Crl.Appeal No. 2 Crl.Appeal No. 3 Crl.Appeal No. 4 M.C.HARI RANI, J. .No. of 200 ORDER/JUDGMENT 29/07/2009